Legal column: Can you reduce your rent if you have bed bugs?

Insects are unlucky in that their reputation quickly suffers if they go to the wrong place. While a butterfly might be a welcome guest in the garden during "Save the Bees" days, it suddenly becomes a case for the exterminator when it flies into the living room. Mice, spiders, crawling beetles—many animals aren't particularly welcome in the home.

Now, people's sensitivities vary greatly. While some calmly let a black widow crawl across their arms, others jump screaming onto the nearest stool at the sight of a five-millimeter-sized house spider. "If a few insects wander into the apartment, that doesn't necessarily constitute a pest infestation," says Inka-Marie Storm, chief legal officer at the German Association of Houses and Properties. A tenant who recorded a total of 27 ant visits within six months was therefore turned down by the district court (case number 213 C 548/97) . "A vermin infestation only exists if it occurs regularly and in a large number," explains Storm. In the case of ants, for example, that would be an ant trail. Even if mice or cockroaches crawl around frequently and in large numbers, this is considered a significant defect in the district courts.

"If there is a clear infestation, tenants should notify the landlord immediately," says Storm. This applies especially if so-called hygiene pests like rats are roaming through the apartment or the garbage shed. But it also applies to other rodents and insects that burrow through walls and partitions. If tenants report the infestation very late, they may be liable for damages.

If the apartment is clearly a case for an exterminator, it becomes tricky not only for the animals but also for the legal team. It's not so easy to determine who should bear the costs of pest control . The issue is clear if the problem lies within the property, such as open pipes or small holes in the masonry. In that case, the landlord must remedy the problem and also cover the costs.

If, however, the tenant brings the insects in, the situation becomes confusing. Higher court rulings are rare because the parties to the dispute are afraid of high legal costs. "Expert opinions on the cause of pests can quickly become expensive and time-consuming," says legal expert Storm. And often, it's impossible to prove whether a beetle flew through the window or entered the house with the tenants. Because expert opinions reach their limits, pest control is usually the responsibility of the landlord. Ultimately, as part of their maintenance obligations, they must ensure that the apartment is free from significant defects.

Bats, hedgehogs, and birds like to settle near people. Some people find this annoying. In which cases should it be tolerated?

However, if the tenant can prove that he or she brought insects into the apartment via food or clothing, some district courts hold that he or she must also pay for their removal. The Stuttgart District Court, however, ruled differently. In that case, experts concluded that the bed bugs most likely entered the apartment via shopping bags or luggage. However, the landlord is responsible for removing the pests . Bringing bags into the apartment is part of the intended use of the rental property and cannot be blamed on the tenant. The court also granted the tenant a 60 percent rent reduction ( case number 35 C 5509/19 ).

Rent can also be reduced for other pests. Courts have granted 25 percent rent reductions for severe moth infestations ( AG Bremen, case no. 25 C 0118/01 ), 80 percent for rats in the apartment ( AG Dülmen, case no. 3 C 128/12 ), and 10 percent for cockroaches. According to the Berlin Regional Court, two to four silverfish per day do not justify a rent reduction ( case no. 67 S 173/04 ), but for around 20 per day, district courts have granted 15 to 20 percent. If the apartment is uninhabitable due to a complete vermin infestation, no rent needs to be paid at all.

"Tenants must also ensure that they don't attract pests," Storm emphasizes. This includes, for example, not leaving trash lying around. When it comes to pigeons, it doesn't matter whether you consider them peaceful creatures or rats of the air. Landlords are allowed to prohibit feeding these wild birds.