Heating Failure in Winter: Tenant Rights in Germany

As a tenant in Germany, heating failure in winter can quickly lead to health risks and serious limitations. This guide explains clearly what duties landlords have, which deadlines you should know and how to act in time, for example by reporting defects, setting deadlines and asserting rent reductions. I describe practical sample letters, official forms and steps to ensure documentation and communication. You will also learn when the local court (Amtsgericht) is responsible and which laws such as §§ 535–536 BGB support tenants' rights.^[1] The aim is that you impose your rights confidently while avoiding legal mistakes. I also show how to take evidence photos, log communications and when it makes sense to seek legal advice or involve a mediation office.

What to do when the heating fails?

First check whether this is an emergency (no heating at very low temperatures). The landlord is obliged to keep the rental property suitable for contractual use. Report the defect in writing and set a reasonable deadline for repair.^[1]

• Set a deadline (deadline): State a clear date by which the heating must be repaired.
• Report the defect in writing (form): Send a defect notification by email with read receipt or by registered mail.
• Document (evidence): Take photos, temperature measurements and notes on date and time.
• Consider rent reduction (rent): Calculate a reasonable reduction percentage, documented and justified.
• Court action (court): If there is no solution, a lawsuit can be filed at the local court.

There are also specific rules in the Heating Costs Ordinance for heating cost issues; check statements and responsibilities.^[2]

Sample forms and template letters

The following templates and formulations are helpful in practice: a formal defect notification with a deadline, a notice for immediate action in emergencies and a template for announcing a rent reduction. For termination or legal template letters, official guidance from the Federal Ministry of Justice and Consumer Protection points to suitable templates.^[3]

How-To

1. Write a defect notification with date, description of the failure and a clear deadline (e.g., 7–14 days).
2. Set a reasonable deadline and announce which measures you will take if there is no response.
3. Collect documentation of all effects of the failure with photos, measurements and witness statements.
4. Prepare a comprehensible calculation of the rent reduction and announce it in writing.
5. If the landlord does not respond, file documents with the local court or seek legal advice.

FAQ

Can I reduce the rent if the heating fails?

Yes, if the usability is impaired, tenants may be entitled to a rent reduction under certain conditions. Report the defect in writing and document the extent and duration.^[1]

How long must I give the landlord to carry out a repair?

A reasonable deadline depends on the severity and the season; in emergencies a very short deadline may be justified, otherwise common deadlines are 7–14 days.

Who pays the heating costs if the heating fails?

Responsibility depends on the cause and contractual arrangements; the Heating Costs Ordinance and the rental agreement provide guidance on billing and obligations.

Help and Support / Resources

• Federal Ministry of Justice and for Consumer Protection (BMJV)
• Laws on the Internet (BGB, Heating Costs Ordinance)
• Federal Court of Justice (BGH)

1. [1] Laws on the Internet — Civil Code (BGB) §§ 535–536
2. [2] Heating Costs Ordinance (HeizKV)
3. [3] Federal Ministry of Justice and for Consumer Protection (BMJV)