If the tenant, applying the standard of a reasonably prudent person, could have easily recognized the defect — or in fact did recognize it — the tenant is obligated to notify the landlord and give them the opportunity to remedy the defect that impairs use of the property.
In contrast, if the tenant was unaware of the defect through no fault of their own, they are entitled to a rent reduction even without having reported the defect to the landlord.
OGH 24.04.2024, 9 Ob 20/23s
