Heating Replacement in Old Buildings: Tenants in Germany

Tenants in Germany face many questions during a heating replacement in an old building: who pays the costs, which deadlines apply, what information must the landlord provide, and when can tenants object or claim rent reductions. This guide explains in plain language how to check deadlines, draft required letters and which laws ^[1] are relevant. You will receive practical steps, examples of forms and advice on when to involve the local court or advisory services. We also show how to organize documentation, recalculate deadlines and submit formal inquiries to the landlord.

What tenants need to know now

A heating replacement can be a modernization measure under the BGB; the landlord must announce the modernization and respect deadlines ^[1]. Under §559 BGB a rent increase due to modernization is possible, but it is limited and must be transparently justified ^[2]. Additional rules for billing heating and operating costs are set out in the Heating Costs Ordinance ^[3].

Check these deadlines and formalities

Important are the announcement deadlines, details on scope and expected duration and anticipated costs. Read the modernization notice carefully and note the date of receipt, because deadlines run from that date.

• Check deadline: note the announcement date and calculate the start of the deadline.
• Check contents: verify scope, duration, and expected costs.
• Documentation: collect photos, emails, and correspondence.
• Contact: send a written inquiry to the landlord and request written confirmation of deadlines.

Cost allocation and your rights

Not every cost item may be passed on to tenants. Investment costs for modernization can be allocated proportionally, but ceilings and exceptions apply. Check the calculation and request an itemized bill. If statements are unclear, legal aid can be applied for; courts for tenancy disputes are the local Amtsgerichte in the first instance ^[4].

Concrete action steps for tenants

1. Note deadlines and calculate the end of the deadline.
2. Send a written request to the landlord and demand missing details on costs and schedule.
3. Collect evidence: photos, messages, and invoices.
4. Seek legal advice; apply for legal aid from the Amtsgericht if necessary.

Forms and official help

Relevant official forms are available from justice authorities and courts; applications for legal aid or advisory assistance are important if you need legal help ^[5]. A sample termination letter is available from the Federal Ministry of Justice; consider carefully whether and when to terminate your lease.

FAQ

1. Do I have to accept a heating replacement as a tenant?

Generally yes, if it is a lawful modernization and the landlord has properly announced it; however, you have rights in case of deadline errors and unclear cost statements.

2. Can the landlord pass all costs onto me?

No. Only certain proportional modernization costs may be passed on according to statutory rules; limits and purpose bindings apply.

3. What can I do if information is missing?

Request the missing information in writing, document everything, and check deadlines for objections or court action.

How-To

1. Check the modernization notice for completeness and note the date.
2. Write a formal inquiry to the landlord requesting details on costs and timetable.
3. Gather evidence: photos, messages, and invoices.
4. Obtain legal advice; apply for legal aid at the local court if necessary.

Help and Support / Resources

• Justizportal der Länder: Forms and court information
• Gesetze im Internet: BGB, ZPO and Heating Costs Ordinance
• Federal Court of Justice: Selected tenancy decisions

1. [1] §555b BGB — Modernization notice
2. [2] §559 BGB — Rent increase after modernization
3. [3] Heating Costs Ordinance (HeizKV)
4. [4] Code of Civil Procedure (ZPO) — Court procedures
5. [5] Justice Portal of the Länder — Forms and service