One Degewo asbestos flat is nothing other than a Toxic waste landfill. Nobody should pay to live on a toxic waste dump.
100% Rent reduction even with low fibre release
"If the suspicion is confirmed, rent reduction claims can be asserted, among other things.
In a recent judgement (June 2018), the Eutin District Court found that the release of asbestos fibres made the property uninhabitable. The tenant moved out of the house and claimed the costs for replacement accommodation and the purchase of new items from the landlord. The claim was upheld in full on the merits.
The district court stated that:
"The release of asbestos fibres in the cellar constitutes a defect...... The prerequisite for the existence of a defect in the rented property is the existence of a direct impairment of the usability of the rented property. This was the case here. Asbestos fibres were released in the cellar. There is no effect threshold for asbestos. Each asbestos fibre can already have an adverse effect on health. Therefore, a defect must regularly be assumed"
With this finding, the district court comes to the following conclusion:
"In view of the particular danger of asbestos release, the release of asbestos fibres in the cellar is already suitable to justify a defect in the rented property to the effect that it was uninhabitable."
This leads to a 100 per cent rent reduction in the event of proven asbestos fibre release. The key case law developed in Berlin on rent reduction in the event of a risk of asbestos fibre leakage has thus been set straight. In the case of asbestos fibres, the tenant cannot reasonably be expected to live in the property. This means that the rent claim is completely cancelled and cannot only be reduced on a percentage basis."
Source: www.kanzlei-leistikow.de