Heating Failure: Rent Reduction for Tenants in Germany

A heating failure in winter puts heavy strain on tenants and can significantly reduce living comfort. This guide explains in clear language the rights and obligations tenants have in Germany, how and when a rent reduction may be possible, and which steps in reporting, documentation and deadline setting are important. You will learn which formulations are useful in a defect notice, which evidence helps (photos, temperature log) and when taking the case to the local court or a conciliation body may become necessary. The goal is to enable you to act: from the first notification to the landlord to correctly calculating an appropriate reduction and handling service charge statements. Practical template letters and notes on deadlines are provided here.

What to do in case of heating failure?

First check whether the outage affects the whole building or only your apartment and whether neighbors are affected. Report the defect to the landlord immediately in writing and set a reasonable deadline for remedy. If necessary, refer to the legal basis §536 BGB^[1] and describe the concrete impairments.

• Send a written defect notice to the landlord and set a deadline for remedy.
• Collect documentation: photos, date/time, temperature records and witness statements.
• Consider rent reduction and legal steps only after a written notice has been given.

Rent reduction: legal basics

Rent reduction is regulated in §536 BGB; it applies when the usability of the rented property is impaired^[1]. In service charge accounting, the provisions of the Heating Costs Ordinance are also relevant, for example for billing and allocation of costs (Heating Costs Ordinance)^[2]. If a dispute arises, local courts are usually responsible; procedural rules of the Code of Civil Procedure apply ^[3][4].

Frequently Asked Questions

When can I reduce rent because of no heating?

If the heating fails significantly and living use is impaired, a reduction under §536 BGB may be considered.

Do I have to inform the landlord first?

Yes, defects must be reported without delay and the landlord must be given a deadline to remedy them.

Where can I turn if no agreement is reached?

The local court (Amtsgericht) is competent for disputes; procedural matters follow the Code of Civil Procedure (ZPO).

How-To

1. Document the heating failure: record date, time, room temperatures and take photos.
2. Send a written defect notice to the landlord and state a deadline for remedy.
3. Wait for a response until the deadline expires; log interim statuses by email or registered mail.
4. If no agreement, consider legal assistance and possibly file a claim at the local court.

Help and Support / Resources

• Federal Ministry of Justice and Consumer Protection (BMJ)
• Gesetze im Internet (e.g. BGB, ZPO)
• Federal Court of Justice (BGH) – rulings and information

1. [1] §536 BGB - Reduction for material and legal defects
2. [2] Heating Costs Ordinance (HeizKV) - statutory text
3. [3] Federal Ministry of Justice and Consumer Protection (BMJ)
4. [4] Code of Civil Procedure (ZPO) - procedural rules