Heating Failure 2025: Rent Reduction for Tenants in Germany

A heating failure in winter is not only uncomfortable for tenants in Germany but can also reduce living quality and raise legal questions about rent reduction. Many tenants do not know the landlord’s duties, applicable deadlines, or how to calculate an appropriate rent reduction. This article explains in clear, practical English which common mistakes to avoid, which forms and evidence are relevant, and how to document correctly. It also shows when notifying the local court may be useful and which official laws and regulations to consider. The goal is that you, as a tenant, know your rights and can act confidently, calmly, and effectively in disputes.

Common mistakes tenants make

The same errors often occur during heating failures: defects are not formally reported, evidence is missing, deadlines are overlooked, and repair offers are prematurely rejected. Inform the landlord in writing and set a reasonable deadline for remedy; the maintenance obligation is regulated in § 535 BGB^[1]. If you do not document steps, you often lose evidence later.

• Not reporting the defect in writing (notice) and not setting a deadline.
• Insufficient documentation of time, temperature and photos (evidence).
• Ignoring deadlines or setting too short a grace period (deadline).
• Performing repairs yourself without landlord coordination (repair).
• Not seeking legal advice or tenant support in time (contact).
• Claiming rent reduction too late or calculating it incorrectly (payment).

How to calculate rent reduction

There is no fixed percentage table for all cases; the reduction is measured against the actual loss of use. Consult comparable case law, document room temperatures and complaint periods, and calculate the proportional impairment. Heating cost rules must also be considered (Heating Costs Ordinance). See § 535 BGB and the Heating Costs Ordinance for legal basis^[1][3]. Worked examples often help to make the percentage reduction comprehensible.

Practical tips: step by step

• Report immediately in writing and record defect description, date and time.
• Collect evidence: photos, measurements, witnesses and logs.
• Set a reasonable grace period (e.g. 14 days) and record it.
• Review repair offers but do not initiate major works unilaterally (repair).
• Seek legal advice or tenant support in disputes (contact).

FAQ

Can I reduce my rent if the heating fails in winter?

Yes, in principle a rent reduction is possible if living quality is significantly impaired; the legal basis is § 535 BGB and relevant case law^[1].

How quickly must I inform the landlord?

Defects should be reported immediately and in writing; set a reasonable grace period for remedy and document everything precisely.

Which court handles disputes?

Rent disputes are usually heard in the competent local court (Amtsgericht) in the first instance; district courts and the Federal Court of Justice may be responsible for higher appeals^[2].

How-To

1. Draft a letter to the landlord: specify date, affected rooms, symptoms, temperature and deadline.
2. Collect evidence: photos, measurements, witnesses and logs.
3. Allow the deadline to pass and document if there is no reaction (deadline).
4. Set a new deadline and calculate rent reduction if the problem is not fixed (repair).
5. Seek legal advice or contact mediation services before suing (contact).
6. If necessary, file a claim at the local court (court).

Help and Support

• § 535 BGB on gesetze-im-internet.de
• Federal Court of Justice (BGH) - bundesgerichtshof.de
• Justice Portal Germany - justiz.de

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1. [1] § 535 BGB, gesetze-im-internet.de
2. [2] Information on courts, justiz.de
3. [3] Heating Costs Ordinance, gesetze-im-internet.de