Heating Failure: Tenant Tips for Shared Flats in Germany

In a shared flat without heating in winter, quick practical steps are crucial for your safety and rights as a tenant in Germany. This guide explains clearly how to report the defect, which deadlines apply, when a rent reduction may be possible, and how to document communication with the landlord. I describe action steps for flatmates, examples of a written defect notice and the role of local courts in escalating disputes. The goal is to prepare you to assert your rights while finding pragmatic solutions so the shared flat stays warm and conflicts are resolved, if possible, out of court.

What to do first: report immediately and document

First check whether the heating has completely failed or only individual radiators are affected. Inform the landlord or property manager in writing and request a swift repair. State date, time and a brief description of the fault; add photos and note conversations.

• Send a written defect notice by email or registered mail and obtain confirmation of receipt.
• Document photos of broken radiators, thermometer readings and the date.
• In case of immediate danger (e.g. frost risk for water pipes) call immediately and follow up in writing with a deadline.

The landlord has a maintenance obligation under tenancy law; this often leads to an entitlement to rent reduction if the dwelling cannot be adequately heated^[1].

When and how much rent reduction?

The amount of a rent reduction depends on the extent of the impairment. There is no flat rate; courts examine individual cases. State clearly in your defect notice the date from which the reduction should apply and keep all receipts.

Communication, deadlines and possible escalation

Give the landlord a reasonable time to repair (e.g. 7–14 days depending on severity). If there is no response, you can consider self-remedy or legal action. Local courts are competent for court actions; tenancy disputes are usually heard at the Amtsgericht (local court)^[3].

• Set a deadline: Formulate a clear repair deadline (e.g. within 10 days).
• For urgent repairs: Only hire a tradesperson after consultation or if self-remedy is legally possible.
• Calculate rent reduction: Use documented periods and scope to substantiate the amount later.

FAQ

When can I reduce the rent?

You can reduce the rent if the heating substantially impairs the contractual usability; the exact amount depends on the individual case and the usability of the rooms.

Do I have to keep paying rent if the heating fails completely?

Yes, you must continue to pay initially, but you can claim a reasonable rent reduction retrospectively if the landlord does not react promptly.

Where do I turn if the landlord does not respond?

If out-of-court resolution fails, the competent local court (Amtsgericht) is the first instance for tenancy disputes; inform yourself about local procedures and deadlines.

How-To

1. Write: Draft a short written defect notice with date, description and deadline.
2. Document: Collect photos, thermometer readings and payment receipts.
3. Set a deadline: State a concrete deadline for remedying the defect.
4. Wait for repair: Give the landlord the opportunity to arrange repair or involve a tradesperson.
5. Calculate reduction: Use documented periods to substantiate the amount later.
6. Legal steps: If no response, consider advice and filing a claim at the local court.

Key notes

• Always act with documentation: emails, photos and witnesses are crucial.
• Prioritize safety: Inform the landlord immediately in case of frost risk.

Help and Support

• §535 BGB – Civil Code (gesetze-im-internet.de)
• Heating Costs Ordinance – HeizKV (gesetze-im-internet.de)
• Local courts information (justiz.de)

1. [1] §535 BGB – Bürgerliches Gesetzbuch (gesetze-im-internet.de)
2. [2] Heizkostenverordnung – HeizkostenV (gesetze-im-internet.de)
3. [3] Zuständige Amtsgerichte – Informationen zur Gerichtszuständigkeit (justiz.de)