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Stufenbiopsie
Steinstraße
Dec 8, 2014 03:45
9 yrs ago
3 viewers *
German term

Miete kürzen wegen Lärmbelästigung

Homework / test German to English Bus/Financial Real Estate
Almost every online dictionary suggests 'noise pollution, or 'noise nuisance' for "Lärmbelästigung". However, I haven't been able to find one AE parallel text that uses either term, in respect to landlord - tenant law.
Proposed translations (English)
4 +2 withold rent due to excessive noise
4 +1 Rent reduction due to noise nuisance
4 rent rebate due to noise
3 +1 dock the rent due to noise disturbances
Change log

Dec 8, 2014 10:20: writeaway changed "Field" from "Law/Patents" to "Bus/Financial"

Discussion

Yorkshireman Dec 9, 2014:
@Asker No. Withholding or holding back means only that a part of the rent due is withheld - not paid - it does not infer that the sum withheld will be paid to the landlord after the problem is remedied - the amount withheld represents the value of the loss of "quiet enjoyment".

The "quiet enjoyment" of the rented property is negatively affected by excessive noise and payment of the full rent (in the view of the tenant) is no longer justified (reduced value for money).
Haigo Salow (asker) Dec 9, 2014:
Thank you very much for all the recmmendations; it is much appreciated.
To Yorkshireman; doesn't 'holding back' imply that you pay it back, at a later time?
Yorkshireman Dec 8, 2014:
Mietminderung Is the term used in Germany - this is generally not paid back. It is often is used as a lever to get the landlord/Vermieter to get essential repairs done or remedy problems, e.g. noise.
Construction noise - typically on the property itself, like replacing windows - is a typical reason for Mietminderung, as is dirt in the stairways during such work.

See my answer for a list of things that can lead to tenants making use of their rights to hold back a part of their rent
Kirsten Bodart Dec 8, 2014:
I think nuisance would definitely do. 'Kürzen' is keep something back. German rental law says tenants may deny paying all or part of the rent they should pay for complaints such as regular noise from
neighbours, flooding, etc. if the landlord is able to do something against it but chooses not to. The percentage held back has to be in proportion to the nuisance or problem. I'm not sure if the unpaid amount has to be paid at a later date when the problem has been sorted.
Yorkshireman Dec 8, 2014:
Rebate, reduction or holding back rent A rebate would mean getting something back on request or a reduction after a complaint = Nachlaß or Rückvergütung.
A reduction would be on the part of the landlord following a complaint or request = Herabsetzung
Holding back would be the tenant paying less per month due to excessive noise = Mietminderung (on the part of the tenant)

Proposed translations

+2
4 hrs
Selected

withold rent due to excessive noise

http://ask-a-lawyer.freeadvice.com/law-questions/loud-music-...

Or hold back rent due to excessive noise

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Note added at 7 hrs (2014-12-08 11:08:50 GMT)
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http://mietminderungstabelle.de/Mietminderung-Alle_Kategorie...

The various things German tenants can give as reasons for witholding a part of the rent (Mietminderung):


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Note added at 9 hrs (2014-12-08 13:17:11 GMT)
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In the US, the legal term for what you are entitled to as a tenant is "quiet enjoyment" of the rented property.

However, holding back the rent - or a portion of it - can violate the terms of the rental agreement (lease) and could, in the worst case scenario, lead to eviction. It is probably better to consult an attorney as to the options open for remedying the problem rather than one-sidedly withholding rent

--------------------------------------------------
Note added at 9 hrs (2014-12-08 13:18:32 GMT)
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It should, of course be "withhold" with two "aitches"

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Note added at 9 hrs (2014-12-08 13:30:57 GMT)
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Sorry that I don't have the time to go through this state-by-state for you, but here's a list of tenant's rights for withholding rent:

http://www.nolo.com/legal-encyclopedia/tenant-rights-withhol...



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Note added at 9 hrs (2014-12-08 13:36:07 GMT)
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Here's the section on New York

http://www.nolo.com/legal-encyclopedia/new-york-tenant-right...
Peer comment(s):
agree oa_xxx (X)
4 hrs
Thanks, orla
agree Charles Stanford : Quite right - I got there in the end :)
7 hrs
Thank you Charlie - :-) :-)
neutral Adrian MM. (X) : withhold suggests the whole amount.
1 day 13 hrs
Not necessarily - thanks anyway for commenting
Something went wrong...
4 KudoZ points awarded for this answer.
2 hrs

rent rebate due to noise

Looks like you can have rent deductions just "due to noise" - http://tenant.net/forum/board/messages/arcs01/arcs0103/12646...
or here "rent rebates due to [construction] noise" www.sussex.ac.uk/.../rent-rebate-and-compensation-policy-ap...
but "noise disturbance" or "noise issues" would no doubt do as well
Peer comment(s):
neutral Yorkshireman : Sorry - I agree with the first link - although it mentions deduction rather than rebate, but not with the second (UK). So neutral it will have to be.
7 hrs
http://tenant.net/forum/board/messages/arcs01/arcs0103/12646... is from NYC for a start. Is this really worth a neutral!!! I hardly think what I have put is scouse...
Something went wrong...
+1
2 hrs

Rent reduction due to noise nuisance

Noise 'nuisance' is used a lot by UK councils too (see reference).
Reference:

http://www.wandsworth.gov.uk/info/200372/i_am_a_council_tenant/241/council_tenants_anti-social_behaviour/3

Peer comment(s):
agree franglish
1 hr
neutral Yorkshireman : AE?
6 hrs
neutral Michael Martin, MA : Yorkshireman is right. "Noise nuisance" is not US English.
22 hrs
Something went wrong...
+1
1 day 10 hrs

dock the rent due to noise disturbances

It's probably best if the translation reflects a similar wording and register as the source text.

"Some states allow you to pay for repairs and dock the rent AFTER written notification to the landlord and a period of non-compliance."
http://community.babycenter.com/post/a32401663/would_you_ask...

"I had to call the police 10 times in the middle of the ---ht due to noise disturbances (mostly caused by other tenants domestic violence disputes that occured in the parking lot)."
http://www.apartmentratings.com/tx/dallas/the-residence-at-n...
Peer comment(s):
agree Adrian MM. (X) : for US consumption: abatement of rent in the UK. But unclear who is doing the kürzen: it could be a letting agent.
7 hrs
Good comment. Thanks!
Something went wrong...
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