Heating Failure: Documents & Deadlines for Tenants in Germany

A failed heating system is not only uncomfortable for tenants in Germany but can significantly reduce habitability. This guide explains which documents to collect, what deadlines apply for reporting, setting deadlines and rent reductions, and how to use sample letters to enforce claims. I describe step by step how to document the heating failure, formally notify the landlord, set a reasonable deadline for repair if necessary, and when you can reduce the rent or demand alternative measures. The language stays simple so non-lawyers can understand which actions are sensible at court or at the local court and which official forms and evidence are helpful. Practical examples follow.

Documents and Deadlines

Key legal bases include the Civil Code (Bürgerliches Gesetzbuch, BGB) on landlord obligations and defect rights^[1] and the Code of Civil Procedure (ZPO) for litigation steps^[2]. The local court (Amtsgericht) is usually responsible for tenancy disputes; higher instances are the regional court and the Federal Court of Justice^[3]. Collect evidence carefully and observe deadlines for defect notification and deadline setting.

• Photos with timestamps of the heating failure, heating displays and thermometer readings
• Date-and-time log documenting start, duration and room temperatures
• Written defect notice to the landlord (keep a copy)
• Names of witnesses or written statements from neighbors
• Invoices for necessary emergency measures and heating cost statements

Deadlines at a Glance

Deadlines are crucial: report the defect immediately, set a reasonable deadline for repair and document delivery. For unintended failures there is often a short reporting period, then a repair deadline before rent reduction becomes justified.

• Immediate report to landlord: as soon as possible, by phone and in writing
• Repair deadline: typically 7–14 days, depending on severity and season
• Deadline before rent reduction: set in writing with a clear date

Sample Letters and Proof

Use short sample texts for the defect notice and deadline setting. A sample letter should include: date, description of the defect, request for repair, deadline (e.g. 14 days), note about possible rent reduction and request for confirmation.

• Sample: "Dear landlord, since [date] the heating has failed. Please fix the defect by [date, 14 days]. Otherwise I reserve the right to reduce the rent."
• Keep copies of all sent items by registered mail or email with read receipt

How to Enforce Claims

If the landlord does not respond, continue documenting defects, reduce the rent appropriately or carry out alternative measures and claim costs from the landlord. In disputes, go to the local court or seek legal advice.

• Step 1: Send a written defect notice and set a deadline for repair
• Step 2: If not remedied, reduce the rent proportionally from the time of impairment
• Step 3: If necessary, file suit at the local court

Frequently Asked Questions

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

Yes, if the impairment is significant and you reported the defect and set a reasonable repair deadline.

What documents do I need for a rent reduction?

Photos, temperature logs, written defect notices, witness statements and proof of contact attempts with the landlord.

Where can I turn if the landlord does not respond?

The local court is responsible for disputes; legal advice or tenant organizations can also help.

How-To

1. Document the failure immediately with photos and date stamps.
2. Send a written defect notice to the landlord and set a repair deadline.
3. Wait for the deadline and reduce rent proportionally from the time of impairment if necessary.
4. If there is no reaction, seek court clarification at the local court.

Help and Support

• BGB §535 – Landlord obligations
• Heating Costs Ordinance (HeizKV)
• Federal Court of Justice (BGH) – Information

1. [1] BGB §535 – Landlord obligations
2. [2] ZPO – Rules of civil procedure
3. [3] Federal Court of Justice – Information