A serious defect in a rented home: repair, reduced rent or termination?

A serious defect in a rented home does not automatically justify withholding all rent. The available rights depend on the cause, the agreement, the condition at handover and whether the landlord was notified and failed to perform an obligation.

Allocating repairs

Article 231 of the Obligations and Contracts Act places minor repairs arising from ordinary use on the tenant. Other damage falls to the landlord unless caused by the tenant’s fault. Failure of a main installation is not merely routine decoration because the repair occurs inside the apartment.

Where the property was not delivered fit for the agreed use, Article 230 provides remedies including repair, proportionate rent reduction or termination, and damages subject to the applicable requirements. Defects known or readily discoverable at contracting require particular assessment; the exception for health hazards should not be overlooked.

If the landlord fails to repair

For outstanding repairs owed by the landlord, Article 231 refers to these remedies. Compensation for subsequent damage requires a cause for which the landlord is responsible. A tenant who carries out the repair with proper care may set its cost off against rent when the statutory requirements are met. This does not authorise arbitrary alterations or unsupported deductions.

Prompt notice, a technical report and records of the necessary repair provide a stronger basis than an oral dispute after rent arrears accumulate.