Wrong apartment size – Hardly anyone checks this: measure it yourself and save massively on rent

The square meters of an apartment play a key role in determining how much the cold rent is each month. But have you actually ever measured whether this is actually true?

As the German Tenants’ Association estimates, the number of square meters does not match the actual size of the apartment in up to 66 percent of all rental contracts.

The floor plans are often incorrect, especially in old buildings. It can therefore be worth checking the information yourself. We clarify the legal situation for you and show you what you can do.

Rent reduction legally determined

But how much smaller does the apartment have to be in order for you to be entitled to a rent reduction? Various judgments of the Federal Court of Justice state the following:

• if the apartment is less or exactly ten percent smaller, then there is no entitlement to a reduction in rent
• if the apartment is more than ten percent smaller than stated in the lease, you can also pay ten percent less rent
• if the living space is 15 or 20 percent smaller, then 15 or 20 percent less rent is also possible

Prepayments for ancillary costs are also correspondingly smaller. You may be able to claim back the overpaid rent for the current calendar year and the three previous years.

The most common measurement errors

If, in rare cases, fraudulent misrepresentation by the landlord is ruled out, then it is often human error that causes deviating square footage in the contract.

Not every apartment has perfectly straight walls, so an irregular floor plan changes the calculation. Other common sources of error when measuring the apartment are:

• Balconies and terraces:
  These can be counted as 25 percent of the living space, but also as much as 50 percent in the case of “high living quality” with particularly good facilities – this is of course a matter of interpretation.
• sloping ceilings:
  If the room height is less than one meter, the area is not included in the living space, up to two meters at 50 percent and above that at 100 percent.
• Unheated conservatories:
  These are counted as 50 percent of the living space.
• Accessory Rooms:
  Storage rooms, attics, attics or basements must not be included in the number of square meters.
• Chimneys and interior pillars:
  These areas cannot be used and must also be taken into account in the measurement if they have a floor area of ​​more than 0.1 square meters and are at least 1.50 meters high.
• Floor-length window and wall niches:
  If these are more than 13 centimeters deep, they are also fully taken into account in the measurement.

These items are most likely to cause a large variance of over 10 percent, making both measurement and calculation of actual square footage difficult.

Better to have a professional measure it

The problem with this: You have to be able to prove that the apartment is really that much smaller, after all, ten percent is not exactly little. In an apartment with 80 square meters, that would be a small room that would have to be “missing”.

In any case, you should first carry out a measurement yourself. Pay attention to the following points:

• The distances between the walls are measured, i.e. the length and width of the room
• if rooms are irregular in shape, measure the length of the walls and divide the area into rectangles on a floor plan drawing
• Radiators, stoves and wall coverings are excluded from the measurement
• you may work more precisely and quickly with a laser measuring device than with a ruler
• See the video above for more tips

If you have a reasonable suspicion that the apartment is significantly smaller, then first approach the landlord and address the issue instead of simply reducing the rent and starting a legal dispute.

Tenants can be obliged to hire a specialist to take measurements – which is also an additional cost factor. As a member of a tenants’ association, you can also ask there for contacts to suitable appraisers.

If the apartment is bigger

If the professional measurement results in more square meters, the landlord can theoretically also increase the rent, provided that it is not a question of social housing. However, this is not possible retrospectively, so you do not have to worry about additional payments. You are also not obliged to report the measurements.