Ahmeti family resisted and received termination notice: Lawyer explained tenants’ rights in case of mold infestation

As a tenant, you have a duty to immediately report a mold infestation to your landlord, Gloor says. “It is best to send a registered letter and photographs as proof.” The homeowner is then responsible for hiring an expert to professionally treat and remove the mold. According to Gloor, a mold infestation reduces the value of an apartment because it is considered a defect. “Therefore, the tenant has the right to a rent reduction.” As a rule of thumb, a 10 percent reduction in net rent is appropriate for a moderate infestation, and a 20 percent reduction in net rent is appropriate for a severe infestation. The expert advises tenants not to hire a mold expert alone. “This is considered a private report that has less credibility before the court.”

According to Gloor, mold growth often depends on a variety of factors. “Common causes are uninsulated external walls or moisture entering the apartment from outside.” In other words, things that the tenant cannot influence. However, sometimes the landlord blames the tenant for improper or inadequate ventilation. “This is only defensible in rare cases,” says the expert. An apartment that needs to be ventilated more than twice a day cannot be used normally. According to Gloor, if a place in the apartment is particularly susceptible to mold and you are not allowed to put furniture there, the tenant needs to be clearly informed about the risk of mold. “Otherwise, it’s not the tenant’s fault if mold grows there.”

Gloor says the homeowner must cover the cost of mold removal. “Unless the tenant can prove that the tenant bears sole or primary responsibility for the infestation.” This may be the case if the tenant hangs a lot of laundry in the apartment or turns off the heating completely in winter. But the expert says it is difficult to clearly attribute the fault to the tenant. “A clue might be if mold wasn’t growing in the apartment while the previous tenant lived there.”

“This is only allowed under certain conditions,” says Gloor. On the one hand, the landlord must be able to clearly prove that the tenant is responsible for the mold infestation, which is difficult in practice. On the other hand, the landlord must first warn the tenant in writing that his behavior encourages the growth of mold and therefore does not use the apartment carefully. If the situation does not improve despite the warning, the tenant’s contract may be terminated at the end of one month, provided that at least 30 days’ notice is given in accordance with Article 257f of the Code of Obligations.