Document Heating Failure: Tenant Rights in Germany

As a tenant in Germany, a prolonged heating failure can quickly affect comfort and health. This text explains step by step how to document the failure for court, which evidence is important and how to request a rent reduction or set a deadline. I describe simple evidence methods such as photos, temperature logs, witness statements and written defect notices to the landlord. You will also learn which deadlines apply at the local court and in communication with the landlord and which sections of the BGB are relevant. The goal is that you can act safely, clearly and effectively — without legal knowledge but with documented evidence for possible disputes.

What to do in case of heating failure?

If the heating fails, first document the condition, inform the landlord in writing and request repair. Refer to the landlord's maintenance obligation (§§ 535–536 BGB)^[1] and note dates for the local court if later clarification is necessary^[2].

Collecting evidence

• Photos: Photograph radiators, thermometer displays and any error messages immediately.
• Temperature log: Measure room temperatures several times daily and note date and time.
• Witnesses: Ask neighbours or visitors for short written statements if possible.
• Written defect notice: Send a dated informal letter to the landlord and keep copies.

Elements of a defect notice

A defect notice should include: your contact details, exact description of the defect, since when it exists, measures already taken and a deadline for remedy.

Deadlines and legal steps

Set a reasonable deadline (e.g. 2 weeks) and announce that you will claim rent reduction or take legal action if the defect is not remedied. Keep all shipping receipts and confirmation of receipt.

FAQ

When can I reduce the rent?

If the residential use is impaired, e.g. in the case of permanent heating failure. The amount depends on the degree of impairment and case law.

How do I document for court?

Collect photos, temperature logs, witness statements and the written defect notice to the landlord. Every statement should include date and time.

Where do I turn in case of a dispute?

If no solution is reached, the local court usually handles the claim; higher instances such as the regional court and the BGH decide on appeals^[3].

How-To

1. Notify the landlord in writing and request prompt repair of the heating problem.
2. Document systematically: photos, temperature lists, date/time and witnesses.
3. Set a reasonable deadline (e.g. 14 days) and announce rent reduction if there is no response.
4. If necessary, prepare court proceedings at the local court and present all evidence^[2].

Final remarks

Well-documented actions protect your rights as a tenant and make negotiations or legal clarification easier. Seek legal advice for major damages, especially if there are health risks.

Help and Support / Resources

• Federal Ministry of Justice (information on courts)
• BGB text on gesetze-im-internet.de
• Federal Court of Justice (BGH) decisions

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–536 — gesetze-im-internet.de
2. [2] Amtsgericht (Zuständigkeit) — bmj.de
3. [3] Entscheidungen des Bundesgerichtshofs zum Mietrecht — bundesgerichtshof.de