Heating Failure Winter 2025: Tenant Proofs Germany
A heating failure in winter is not only uncomfortable for tenants in Germany but can impair living conditions to the point that rent reduction or legal action becomes necessary. This text explains in practical terms how you as a tenant can secure evidence, correctly notify your landlord and meet deadlines. It describes the landlord's obligations under the BGB, which proofs help in court and how to document defects safely. It also shows when a rent reduction is possible, which forms and authorities are relevant, and how to prepare for a possible legal dispute at the local court.
What to do immediately after the outage?
Act promptly: inform the landlord in writing about the heating failure and request a quick remedy. Note the date and time of first occurrence and every response from the landlord. Photos and short videos show room temperature, fogged windows or frozen pipes; these media are often decisive as evidence.
The landlord's duties are regulated by §§ 535 et seq. of the BGB.[1] At the same time, regulations on heating cost accounting apply if the cause is related to operational management.[2]
Concrete evidence collection
Collect clearly identifiable, dated evidence; simple, organized records help in a dispute.
- Take photos and videos with date and time showing room temperature and visible damage.
- Keep a short log: when you noticed it, how cold it is and which rooms are affected.
- Send a written defect notice to the landlord by registered mail or e-mail and document receipt.
- Name witnesses: neighbors or the caretaker who can confirm the outage or temperatures.
Rights and obligations: What is allowed
As a tenant, you are entitled to the contractual use of the rented property; if the heating does not work, this is often a defect. In many cases, this justifies a rent reduction, but the amount depends on the individual case and must be properly justified. If the landlord does not respond, you can set deadlines and, if necessary, claim damages or a rent reduction. In case of escalation, the local court (Amtsgericht) is competent; procedural rules are found in the ZPO.[3]
Practical steps before court
If it comes to a lawsuit, structured file management helps: chronological defect notices, landlord responses, proof photos, thermometer readings and witness statements. Avoid unilateral actions that could be considered in breach of contract (e.g. permanent shutdown of communal systems).
- Keep all letters and responses in chronological order.
- Document thermometer readings and ideally have them confirmed by witnesses.
- File a complaint or claim at the local court if deadlines pass without remedy.
FAQ
- Can I reduce the rent immediately?
- You can reduce the rent as soon as a significant defect exists; it is recommended to send a written notice and set a deadline to the landlord beforehand.
- What deadlines apply?
- Specific deadlines depend on the individual case; set a reasonable deadline for the landlord to remedy the defect and document that deadline.
- Who decides in a dispute?
- The local court usually decides on tenancy disputes; higher instances such as the regional court or the Federal Court of Justice (BGH) may be involved for legal questions.
How-To
- Collect evidence: record photos, videos, thermometer values and witnesses.
- Send a defect notice: write and send by registered mail or e-mail to the landlord.
- Set a deadline: give a reasonable period for remedy (e.g. 7–14 days depending on severity).
- If no remedy occurs, consider rent reduction and possibly filing a claim at the local court.
Key Takeaways
- Collect evidence consistently and in order.
- Send written defect notices and set deadlines.
- Seek advice early to avoid missing deadlines.
Help and Support / Resources
- [1] BGB §535 – Duties of the landlord on gesetze-im-internet.de
- [2] Heating Costs Ordinance (HeizKV) on gesetze-im-internet.de
- [3] Code of Civil Procedure (ZPO) on gesetze-im-internet.de
