Heating Failure: Tenant Rights in Germany

What to do in case of heating failure?

If the heating fails, quick, structured action matters. Immediately note start time, duration and temperature drop, inform the landlord in writing and document all defects with photos and timestamps. The following steps help enforce rights such as rent reduction or repair obligations and prepare for possible legal enforcement.

• Record the date and time of the failure and how long the flat remained cold.
• Send a written defect notice to the landlord by e-mail and by registered mail, if possible.
• Take photos of thermometers, radiators and measurements as evidence.

Documentation and evidence preservation

Good documentation often decides success or failure. Prepare a simple chronology: times, contacts with the landlord, repair attempts by tradespeople, cost receipts. This chronology is important later for rent reduction, damages or a lawsuit.

• Keep a log with date, time and participants.
• Collect invoices or cost estimates for replacement heaters or repairs.
• Keep your written defect notice and the landlord's responses.

Rent reduction: legal basis

If the usability of the flat is reduced, tenants can reduce the rent. Relevant landlord obligations are found in the German Civil Code (BGB).^[1] Important are the type, duration and severity of the defect and whether the landlord was informed and given time to fix it.

Practical wording and deadlines

Wording should be clear, dated and verifiable. Example: “Dear Mr/Ms X, since DD.MM.YYYY a heating failure exists. Please remedy the defect by DD.MM.YYYY. I reserve the right to reasonably reduce the rent until remediation.” Set a reasonable deadline (e.g. 7–14 days depending on severity).

• Set a clear deadline in the defect notice.
• Phrase the notice in writing and request a reply.

Forms and templates (when and how)

There is no single nationwide "rent reduction form", but two form types are practical:

• Defect notice (written): date, description, deadline — practical use: you set a 10-day deadline and state you will reduce rent if not remedied.
• Lawsuit form under the ZPO: If the landlord does not react, a lawsuit can be filed in writing at the local court; the form follows ZPO requirements.^[2]

If the landlord does not respond: legal steps

If an out-of-court solution is not possible, the local court (Amtsgericht) is competent for tenancy disputes. There you can assert payment claims, eviction or other civil claims. Use the collected evidence and documented deadlines.^[3]

FAQ

When can I reduce the rent?

If the heating impairs the usability of the flat and the landlord was informed, you can reduce the rent proportionally.

How much can I reduce the rent?

The amount depends on the degree of impairment; courts refer to previous decisions and guideline tables in case of doubt.

Do I always have to write to the landlord first?

Yes, a formal defect notice with a deadline is usually required before formal steps follow.

How-To

1. Record immediately the start and duration of the heating failure and document temperatures.
2. Send a written, dated defect notice to the landlord with a clear deadline.
3. Secure photos, invoices and communication trails as evidence.
4. If there is no response, prepare the documents for filing at the local court.

Help and Support / Resources

• German Civil Code (BGB) §535 ff. — gesetze-im-internet.de
• Code of Civil Procedure (ZPO) — gesetze-im-internet.de
• Federal Court of Justice (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) §535 ff. — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de