Heating Replacement & Tenant Rights in Germany

As a tenant in Germany, you should know how a heating replacement under the Building Energy Act (GEG) can affect your living situation, utility costs, and tenancy rights. This guide explains in plain language which checks are important before the replacement, which notices and deadlines the landlord must observe, and when modernization costs may be allocated to rent. You receive concrete action steps, tips for communication with the landlord and examples of how to document defects, heating problems or unclear cost demands. The goal is for you to know your rights under tenancy law, understand possible cost distributions and make safe decisions, even if your apartment is subject to monument protection or special conditions.

What tenants should check

In a heating replacement, three issues are central: legal notice and deadlines, technical requirements for listed buildings and the question of cost allocation to the rent. Modernizations must be announced according to legal rules and contain certain information^[1]. At the same time, landlords remain responsible for basic services and the rental property^[2]. If the replacement impairs usability, this may justify a rent reduction^[3].

Check the notice

• The modernization notice must include scope, expected start and a description of the measures (readable and comprehensible).
• Pay attention to deadlines: reasonable lead time and concrete dates help with planning and objections.
• Technical information: Ask whether the new heating uses the same energy source or whether connection work on the building is required.

Consider monument protection

For listed apartments, there are additional requirements from the monuments authority; conversions must not change building fabric and visible elements without permission. Talk to your landlord about existing decisions or conditions and ask for proof if work is subject to special approvals.

Concrete steps for tenants

1. Read the notice carefully and record deadlines, appointments and contacts in writing.
2. Document the condition of the apartment before work begins (photos, meter readings, room temperature) and send a confirmation to the landlord.
3. Ask for formal permits from the monuments authority or request evidence from the landlord if affected.
4. Check cost information: only certain modernization costs may be passed on to rent; request a breakdown.
5. In case of disputes: consider legal action or advice, e.g. at the local court or with legal aid.

FAQ

What obligations does the landlord have for a heating replacement?

The landlord must sufficiently justify measures, communicate scope and start, and obtain necessary approvals. For modernizations, the information obligation under §559 BGB must be observed.^[1]

Can the landlord simply pass costs on to the rent?

Only certain modernization costs can be apportioned to rent; the calculation is subject to strict rules and should be transparent. Questions about allocation are governed by tenancy law and the heating costs regulation.^[4]

Can I reduce the rent if the heating fails?

Yes, if the apartment is significantly restricted in usability, a rent reduction may be possible. The requirements are governed by §§535 ff. BGB and relevant case law.^[2]

How-To

1. Immediately check the written notice for formal information and deadlines; note all dates.
2. Create documentation (photos, meter readings) before work begins.
3. Contact the monuments authority or request proof from the landlord if monument protection is mentioned.
4. Request a cost breakdown and check which items may be allocated to rent.
5. For disagreements: seek legal advice, gather documentation and consider options like legal aid or PKH.^[5]

Help and Support

• BGB §559 Modernization notice
• BGB §535 Landlord obligations
• Heating Costs Regulation (HeizKV)

1. [1] BGB §559 Modernisierungsankündigung
2. [2] BGB §535 Pflichten des Vermieters
3. [3] BGB §536 Mietminderung
4. [4] Heizkostenverordnung (HeizKV)
5. [5] Informationen zur Prozesskostenhilfe (PKH)