Heating Failure in Winter: Tenants Document in Germany
Many tenants in Germany face the problem of a heating failure in winter. In such situations, careful documentation and knowledge of your rights often decide success or failure in rent reduction, repair claims or legal proceedings. This guide explains step by step how to correctly create photos, temperature records and defect notifications, which official forms and authorities are relevant and how to meet deadlines. The language remains understandable; examples show how you as a tenant can act legally securely without legal training. At the end you will find a clear checklist, frequent questions and official links to statutes and courts in Germany. Keep evidence organized and record every contact with the landlord.
What to do now
With a heating failure you should act quickly and document systematically. Start with clear photos of the thermostat, radiators and visible damage, record room temperatures and times. Then send a written defect notice to the landlord by e-mail and, if possible, by registered mail or with proof of delivery.
- Take photos with date, time and location (e.g. living room, bedroom).
- Record temperature measurements and document them over several days.
- Send an immediate written defect notice to the landlord and keep copies.[1]
- Name witnesses (housemates, neighbors) and record their statements in writing.
- Document response and repair times, including calls and scheduled appointments.
If the landlord does not respond or delays repairs, check your options for rent reduction or involving the local court. Keep all messages, invoices and contractor reports.
Forms, deadlines and authorities
There is no single "rent reduction form", but relevant legal bases are found in the BGB and the ZPO; official forms for lawsuits or dunning procedures are provided by the judiciary. For court proceedings you usually need a written complaint filed with the competent local court; check local jurisdiction and deadlines in advance.[2]
Concrete forms and examples
Practical example: Send a written defect notice to the landlord (date, description, requested deadline for remedy). If there is no response, you can file a lawsuit at the local court; use the official complaint forms or guidance from the judiciary. State specific temperatures in the letter and attach photos.[1]
Frequently Asked Questions
- Can I reduce the rent if the heating fails?
- Yes, in some cases you are entitled to a rent reduction if the use of the apartment is impaired. It is important to have a well-documented defect notice and ongoing proof of the impairment.[1]
- How quickly must the landlord react?
- The landlord must provide remedy within a reasonable time; what is "reasonable" depends on the severity and the season. For vital outages (e.g. no hot water in winter), prompt action is required and, if necessary, contracting professionals.
- What evidence is admissible in court?
- Photos with date/time, temperature logs, written defect notices, emails, witness statements and contractor reports are admissible evidence.
How-To
- Take photos immediately of the affected radiator and thermostat and note the time.
- Measure and record temperatures in affected rooms three times daily.
- Send a written defect notice with a deadline to the landlord and obtain proof of receipt.
- Document contractor appointments and collect cost estimates if there is no improvement.
- Calculate potential rent reduction if necessary and compile reasons, period and receipts.
- As a last step: file a complaint at the competent local court with complete evidence if out-of-court solutions fail.[2]
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
- Heizkostenverordnung (HeizKV) - Gesetze im Internet
- Bundesgerichtshof (BGH) - Case law
