Heating Failure in Winter: Tenant Rights Germany

If your heating fails in winter, you as a tenant in Germany have certain rights and duties. This guide explains in plain language how to report defects, set deadlines, collect evidence and enforce a rent reduction — including in emergency procedures without a lawyer. You will learn which legal bases apply, which local court (Amtsgericht) is competent, which official forms may be relevant and how to prepare a practical letter to the landlord. The guidance is aimed at tenants without legal background and gives concrete steps you can implement immediately, including documentation and safety measures.

What to do in an acute heating failure?

Act quickly and document everything. Inform the landlord in writing and set a clear deadline for remedying the defect. If the apartment becomes uninhabitable, consider short-term alternatives and notify authorities if there is a health risk.

Notifying the landlord

• Send a written defect notice and set a deadline (deadline).
• Compose a short letter with date, defect description and requested deadline (form).
• Follow up by phone if there is no response and create a call note (call).

The legal basis for the landlord's duty to maintain the property is the BGB; rent reduction for lack of heating is regulated in § 536 BGB^[1]. In case of acute danger (e.g. risk of frost damage or loss of hot water) inform the public health office or property management immediately.

When rent reduction is possible

• If heating is out for extended periods or at critical times, a rent reduction may apply (heating).
• The amount depends on the extent of loss of use; documented evidence strengthens your case (evidence).

Set a reasonable deadline for repair and announce the reduction. If the landlord does not react, you can claim the reduction from the expiry of the deadline. In disputes, the Amtsgericht handles tenancy cases and emergency procedures^[2].

Forms and templates (official sources)

There is no single mandatory "rent reduction form", but for court actions and emergency procedures standardized forms and petitions are needed. Examples of official forms:

• Payment order / enforcement documents: the payment order (Mahnbescheid) procedure uses justice portal forms (form).
• Complaint / petitions at the local court: for eviction or damages claims court forms are used (form).

Practical tip: Draft a brief factual letter to the landlord with date, description of the heating failure, photos and a deadline; state that you will consider a rent reduction or further legal steps if no remedy is provided.

FAQ

How quickly must the landlord repair the heating?

The landlord must react without delay and within a reasonable period; for acute cases immediate action is required.

Can I reduce the rent if the heating fails?

Yes, rent reduction is possible if the usability of the apartment is impaired; the amount depends on the severity of the impairment.

Do I need a lawyer for an emergency procedure?

Not necessarily; tenants can often initiate an emergency procedure at the local court without a lawyer but should prepare evidence carefully.

How-To

1. Report defects in writing and set a clear deadline (deadline).
2. Collect evidence: photos, temperatures, witness notes and messages (heating).
3. If there is no response: announce rent reduction and apply it after the deadline (form).
4. If problem persists: prepare an emergency procedure at the local court and consider filing a complaint (court).

Key Takeaways

• Document the defect thoroughly with photos and timestamps.
• Set a written deadline and inform the landlord about possible rent reduction.

Help and Support / Resources

• [1] §536 BGB – Rent reduction, gesetze-im-internet.de
• [2] ZPO – Civil Procedure Code, gesetze-im-internet.de
• [3] Federal Court of Justice – Decisions, bundesgerichtshof.de

1. [1] §536 BGB – Mietminderung, gesetze-im-internet.de
2. [2] ZPO – Zivilprozessordnung, gesetze-im-internet.de
3. [3] Bundesgerichtshof – Entscheidungen, bundesgerichtshof.de