Heating Failure: Tenant Rights in Germany
In winter, lacking a working heating system hits students especially hard: study spaces become unusable, heating costs remain an issue and health risks increase. This article explains in plain language which rights tenants in Germany have, how to document a heating failure, which deadlines apply and when rent reduction may be possible. I present practical steps for negotiating with the landlord, recommend sample defect notices and name responsible courts and laws. No legal jargon — just clear guidance tailored to students, including tips on collecting evidence, setting deadlines and, if necessary, contacting the local court.
What to do if the heating fails?
The landlord is obligated under tenancy law to maintain the property; basic heating is part of the apartment's usability.[1] Report the failure immediately in writing and demand a prompt repair. Documentation is crucial: temperature measurements, photos and timestamps help with later claims.
Immediate actions
- Contact the landlord immediately (call) and report the failure.
- Check whether a short-term repair or a professional visit is possible (repair).
- Document temperature, time and photos (record) and note witnesses.
How to document?
- Continuously record room temperatures with date and time (record).
- Send a written defect notice to the landlord (form) and keep the dispatch receipt.
- If possible, obtain written confirmations from neighbors or the property manager (call).
Rent reduction: legal basis
If the defect limits the use of the apartment, a rent reduction may be considered. The legal basis is set out in the BGB; application depends on the individual case, duration and severity of the failure.[2] Typical process: send a defect notice, set a deadline for remedy, if not remedied announce reduction and calculate it from the defect start date. Percentage reductions depend on the circumstances; document everything carefully.
Defect notice — sample wording
Send a short dated message with facts: "I hereby notify you that since [date] the heating in my apartment, [address], is not working. Please remedy the defect by [deadline, e.g. 3 working days]. If the repair is not carried out, I reserve the right to reduce the rent and pursue further legal steps." Keep proof of delivery.
If negotiation fails: courts and procedures
If the landlord does not respond, the local court (Amtsgericht) is competent for many tenancy disputes. Court proceedings follow the Code of Civil Procedure; interim measures or summary proceedings may be an option.[3] Before filing a lawsuit, consider advice from the student union or university legal aid.
FAQ
- Can I reduce the rent if the heating fails?
- Yes, under certain conditions; first send a defect notice and set a deadline, then possibly claim proportional reductions from the start of the defect.
- How quickly should I inform the landlord?
- As soon as you notice the failure: immediately in writing, with date and a clear description of the defect.
- Do I have to allow the tradesperson access?
- Yes, access is generally required to carry out repairs; arrange appointments and document the access.
How-To
- Immediate actions: check the heating, note details and inform the landlord (repair).
- Documentation: gather photos, temperature logs and witness statements (record).
- Send a written defect notice: include date, deadline and requested remedy (form).
- Announce rent reduction and document the calculation; pay only the appropriately reduced rent (rent).
- If necessary, consider court action: contact the local court or seek legal/student advice (court).
Key takeaways
- Documentation is the most important factor for successful claims.
- Set clear deadlines for defect remediation and communicate in writing.
- Seek early advice from student legal services or the local court.
Help and Support / Resources
- BGB §536 – Rent reduction for defects
- Code of Civil Procedure (ZPO) – Court proceedings
- Federal Court of Justice – decisions and guidance
