Heating Failure: Rent Reduction & Evidence Germany

In case of a heating failure, tenants in Germany should act quickly, systematically and in a legally sound manner. This guide explains how to document the outage, what deadlines apply, how to inform the landlord in writing and which evidence (photos, temperature log, contact attempts) should be collected in a court-ready way. You will find sample letters for the landlord, guidance on refunds and rent reduction, and the route to the local court if the landlord does not respond. Practical steps and official legal sources help you protect your rights as a tenant and avoid unnecessary costs or escalation.

What to do immediately after the heating fails?

First check whether it is a building-wide problem or only your apartment. Inform the landlord immediately in writing with date and time and request a quick repair. Note phone calls, save SMS/emails and take photos of thermometers and radiators. Refer if necessary to your rights under the Civil Code, especially the landlord's maintenance obligations and possible rent reduction.^[1]

Documentation: What should be included?

Create a clear log with date, time, measured room temperature and contact attempts to the landlord. Collect evidence:

• Photos of thermometers, radiators and displays.
• Short videos that can visualize room temperature.
• Temperature and daily logs with timestamps.
• Saved messages, emails and notes of conversations with dates.

Sample letters & forms

There is no uniform federal mandatory form for rent reductions; tenants should report the defect in writing and set a deadline for rectification (e.g. 14 days). Use a dated letter with a precise description of the facts, a safety note and a reference to a possible rent reduction. If the landlord does not respond, a payment order or lawsuit may be necessary; there are official forms and application routes on the justice portal.^[2]

Amount of rent reduction and legal basis

The amount of the rent reduction is measured by the degree of impaired usability. The German Civil Code regulates the landlord's obligations and the claim to rent reduction in case of defects. Courts often refer to comparable decisions; documented temperature evidence and the duration of the outage are relevant.^[1]

If the landlord does not respond: going to court

If the landlord does not react, you can consider the competent local court or initiate a payment order. Tenancy disputes are often heard in the first instance at the local court; for higher dispute values the regional court may be competent. Observe deadlines and procedural rules under civil procedure law.

Practical requirements for evidence

Collect both technical and communicative evidence: repair invoices, letters to craftsmen, statements from neighbors (as short notes) and any official notifications from the property management. If possible, have thermometer records taken regularly to prove temperature losses.

FAQ

When can I reduce the rent?

You can reduce the rent if the heating failure significantly impairs the usability of the apartment. Report the defect immediately in writing and document the extent and duration of the outage.^[1]

How much rent reduction is appropriate?

The amount depends on the degree of impairment; there is no fixed formula. Courts look at individual cases, documented temperature drops and the duration. Seek legal advice if necessary.

Can I hire craftsmen myself and deduct costs?

Only in exceptional cases and after prior notification to the landlord or in acute danger may you act yourself; keep receipts and inform the landlord beforehand if possible.

How-To

1. Document date, time and measured temperatures as well as photos and videos.
2. Inform the landlord in writing, demand rectification within a deadline and announce a possible rent reduction.
3. Collect all responses, repair invoices and witness statements.
4. If no solution occurs, consider a payment order or lawsuit at the local court and submit your documentation.

Key Takeaways

• Documentation is the basis for rent reduction and legal claims.
• Always inform the landlord in writing and dated.
• The local court is the usual first instance for tenancy disputes.

Help & Support / Resources

• BGB §535 – Duties of the landlord
• Heating Costs Ordinance (HeizKV)
• Justice Portal – Information on courts in Germany

1. [1] Gesetze im Internet – BGB §536
2. [2] Gesetze im Internet – Heizkostenverordnung
3. [3] Justizportal – Information on courts