Tenant Help: Heating Failure in Winter - Germany

If the heating fails in winter, tenants in Germany are often under time pressure and uncertainty. This guide clearly explains what rights tenants have, how to notify the landlord correctly, which deadlines apply and when rent reduction or emergency proceedings at the local court may be possible. You will find practical sample letters for reporting, requesting remedy and for an emergency application, plus guidance on securing evidence and communicating without a lawyer. The goal is that you act quickly, protect your living quality and avoid formal mistakes that could cause disadvantages later. Use the step-by-step instructions and the official forms and courts mentioned in this text. Read on.

What tenants should do now

First: ensure your safety and document the problem. Check whether only individual rooms are affected or the entire heating system has failed. Inform the landlord immediately by phone and send a written defect notice with a deadline.

• Contact the landlord immediately by phone and announce a written complaint.
• Send a written defect notice with a clear deadline by email and by registered mail / handover protocol.
• Take photos, measure room temperatures and keep a log of downtime.
• Set a reasonable deadline for remedy (e.g. 48 hours for total failure) and state specific dates.

Rights and rent reduction

Landlords are obliged under tenancy law to maintain the rented property in a condition suitable for use; relevant provisions are found in the German Civil Code (BGB)^[1]. If heating and hot water fail, a rent reduction may be appropriate. The amount depends on the extent of the restriction and has been specified in numerous court decisions.

Before you reduce the rent, document the defect, the deadline you set and all landlord reactions so you can substantiate your claims.

Emergency proceedings and judicial relief

If the landlord does not respond and there is an imminent threat to health, an emergency proceeding or an application for interim relief at the competent local court may be appropriate. Procedural rules for such applications are set out in the Code of Civil Procedure (ZPO)^[2]. The local court at your place of residence is usually competent; in appeals and revision matters the Federal Court of Justice may be involved^[4].

For an emergency application you need a precise statement, evidence photos, thermometer records if available and witness statements. Templates for applications and guidance on forms are available on the justice portals^[5].

Frequently Asked Questions

When can I reduce the rent due to heating failure?

You can reduce it as soon as the usability of the apartment is significantly restricted; the amount depends on the extent and duration. Documentation is decisive.

Do I need a lawyer for emergency proceedings?

Not necessarily: for emergency proceedings at the local court you can often act without a lawyer, but it is advisable to seek advice if the case is complex.

What deadlines apply when going to court?

Urgent measures require very short deadlines; act within days and submit all evidence as quickly as possible.

How-To

1. Act immediately: call the landlord and secure the contact in writing.
2. Send a sample letter with a deadline to remedy the defect (registered mail / email with confirmation).
3. Secure evidence: collect photos, temperature logs and witness notes.
4. If there is no response, prepare the application for interim relief and file it at the local court.
5. Seek telephone support from the court registry or a tenant advisory service if needed.

Help and Support

• BGB text: German Civil Code (tenancy law)
• ZPO text: Code of Civil Procedure
• Heating Cost Regulation (HeizKV)
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet: BGB §§535–580a
2. [2] Gesetze im Internet: ZPO
3. [3] Gesetze im Internet: Heizkostenverordnung
4. [4] Bundesgerichtshof
5. [5] Justice portal: Forms for interim injunctions