Cracked Floorflex panels and black glue are hazardous to health. Seal any brittle or open areas with armoured tape. Contact the landlord immediately to clarify whether the panels contain asbestos.
Asbestos-containing Floorflex floor tiles and black glue in a Degewo rental flat in Berlin
"I request that you confirm within 10 days of receipt of this letter that the floor tiles/floor adhesive in my flat are contaminated with asbestos. If the deadline set is not met, I will commission an expert to carry out the work at my expense."
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. Every asbestos fibre can have an adverse effect on health. Therefore, a defect is regularly to 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 rectified. In the case of asbestos fibres, it is not reasonable for the tenant to live in the property. As a result, the tenant's rent claim is completely cancelled and cannot only be reduced on a percentage basis.