Heating Failure Checklist for Tenants in Germany

A sudden heating failure in winter places a heavy burden on tenants. In Germany, landlords have clear duties: heating and hot water are part of the apartment's usability. This guide explains step by step how you as a tenant can document defects and outages in a timely and court-proof manner, which forms and proofs are important, how to calculate rent reduction and when the local court may be competent. We show practical actions, deadlines and examples so you can assert your rights without unnecessary risks. The instructions are written in plain language and help you collect evidence securely, address authorities and courts correctly, and use the appropriate official forms.

What to do immediately

Act quickly, document the outage and inform the landlord in writing. Note times, duration and all consequences (e.g. frozen pipes, loss of hot water). Make sure to set deadlines and keep copies of all messages.

• Take photos and timestamp thermometers, radiators and damage sites (evidence).
• Send a written defect notice by e-mail or registered mail to the landlord and set a deadline (form).
• Specify a concrete deadline by which the defect must be remedied (deadline).
• If imminent damage occurs, contact a tradesperson or document temporary measures (repair).

Applicable laws and rights

Under the German Civil Code (BGB), landlords are obliged to keep the dwelling in a condition suitable for use; heating and hot water are included.^[1] The Heating Costs Ordinance regulates how heating costs are allocated and when cost disclosures are required.^[2] If deadlines pass and no solution is found, the Code of Civil Procedure (ZPO) governs the route to legal clarification at the local court.^[3]

Which proofs are important

Collect evidence systematically: photos, videos with date/time, temperature measurements, witness statements from neighbors and all written communication with the landlord.

• Create and save photos, videos and temperature logs.
• Keep copies of all emails, messages and the defect notice.
• Note date and time of calls and name any witnesses.

Practical sample steps for heating failure

The following list shows typical steps tenants in Germany can take to prepare claims and observe deadlines.

1. Secure evidence: take photos and record temperatures immediately.
2. Send a written defect notice to the landlord and set a clear deadline.
3. If necessary, contact a tradesperson quickly and collect invoices.
4. If there is no response: prepare files and possibly a claim at the local court.

FAQ

When may I as a tenant reduce the rent?

If there are significant impairments of usability, such as a permanently missing heating system in winter, you may reduce the rent; the amount depends on the extent and duration.

How do I set a reasonable deadline?

Formulate a concrete deadline in writing (e.g. 3 working days) for remedying the defect and announce further steps if no remedy occurs.

When is the local court competent?

If no agreement is possible or the case involves payment claims or eviction, the local courts are usually competent; the ZPO regulates the procedure.

How-To

1. Step 1: Take photos, videos and temperature records immediately.
2. Step 2: Send a written defect notice and specify a concrete deadline.
3. Step 3: Document temporary measures and save tradesperson receipts.
4. Step 4: If no response, prepare files and consider filing a claim at the local court.

Help and Support

• Forms: Code of Civil Procedure (ZPO) and claim filing (gesetze-im-internet.de)
• Legal texts: BGB §§ 535–536 on maintenance and rent reduction (gesetze-im-internet.de)
• Heating Costs Ordinance (HeizkostenV) for billing duties (gesetze-im-internet.de)

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1. [1] BGB §535 – Duties of the landlord
2. [2] Heating Costs Ordinance (HeizkostenV)
3. [3] Code of Civil Procedure (ZPO)