Heating Failure 2025: Tenant Rights in Germany
Many tenants in Germany face sudden heating failures in winter and wonder which rights they have and how to react quickly and legally secure. This guide explains in plain language what duties the landlord has under the BGB, how to report defects, secure evidence and enforce a rent reduction within realistic deadlines. You receive practical templates for defect notices and advice on when the local court (Amtsgericht) can be involved. The aim is to give tenants concrete steps to handle heating outages in winter 2025 safely, documented and without unnecessary risks.
What to do in case of an acute heating failure?
If the heating fails: inform the landlord immediately, record the temperature and take photos. Request a repair deadline in writing and state a reasonable period for fixing. Documentation is often decisive later, especially for rent reduction or compensation claims.
- Inform the landlord immediately by phone and in writing, stating the exact time.
- Measure temperature, take photos of the thermostat and radiators and note date/time.
- Check emergency measures (e.g. additional heaters) and keep receipts for costs.
- Write a formal defect notice and set a deadline; name a realistic repair period.
Legal basics briefly explained
The landlord is obliged under the German Civil Code (BGB) to maintain the rented property in a condition suitable for contractual use; this includes heating and hot water.[1] In addition, the Heating Cost Ordinance regulates the billing of heating costs, which can be relevant in disputes about operating costs.[2]
Rent reduction: when and how much?
A rent reduction may be appropriate if heating is seriously impaired and no short-term improvement is expected. The amount is guided by court decisions and the specific loss of use; typical reductions range from a few percent up to significantly higher values for prolonged total failure.
- Only claim a rent reduction after legal review and a documented defect notice.
- Do not set the reduction rate arbitrarily; refer to comparable judgments.
- Send a written notice to the landlord stating the start date of the reduction.
If the landlord does not respond or an agreement fails, the local court can be called; the Amtsgericht is usually competent for many tenancy disputes.
Examples of forms and templates
Important official templates include:
- Defect notice / request to remedy the defect (in writing, with deadline).[3]
- Receipts and proof lists for replacement heaters or necessary expenses.
- Letter to notify the landlord of the rent reduction with date and reduction amount.
Common mistakes to avoid
- Not reporting in writing or failing to set a deadline.
- Insufficient documentation (no photos, no temperature log).
- Claiming rent reduction without prior defect notice.
FAQ
- When can I reduce rent?
- You may reduce rent if the heating significantly restricts contractual use and you have previously notified the defect.
- Must I continue to pay rent if the heating fails only occasionally?
- For short, quickly remedied outages a reduction is usually small or not justified; duration and severity determine the right to reduce.
- Which authority helps in a dispute with the landlord?
- Initially, local courts (Amtsgerichte) are competent; state advisory services or the local Amtsgericht can provide information on legal steps.
How-To
- Inform the landlord immediately and send a written defect notice with a deadline.
- Collect evidence: photos, temperature log, witnesses and receipts.
- If there is no response, announce the rent reduction in writing and apply it from the start date.
- If no compromise is reached, consider filing a suit at the local court.
Help and Support
- Hotline for tenants: Federal Ministry of Justice (for guidance on template letters).
- Forms & templates: sample letters from the Federal Ministry of Justice.
- Legal texts: access to the BGB and the Heating Cost Ordinance for the legal framework.
