Tenant Guide: Heating Failure in Germany
A heating failure is not only inconvenient for tenants in Germany, it can also reduce the habitability of the apartment and require legal action. This article explains in clear steps how, as a tenant, you should document the situation properly, notify the landlord formally and under what conditions a rent reduction may be possible. We show which pieces of evidence (photos, temperature logs, witnesses, written messages) are important, how to set deadlines and which authorities or courts may be competent. The goal is that you can assert your rights, meet obligations and be prepared for disputes before the local court or higher instances.
What to do immediately
Report the failure to the landlord in writing without delay (email is sufficient if allowed by the lease) and describe the situation, time and effects. Request a repair deadline and ask for a response with a concrete appointment. Set a reasonable deadline, for example 48 hours for a complete failure or one week for partial impairment.
Document in parallel:
- Photos of radiators, thermometers and visible damage.
- Notes on outage times and temperatures (date, time, room temperature).
- Copies of all messages to and from the landlord as well as technician reports.
- Contact details of witnesses or neighbors who can confirm the disruption.
Rights: rent reduction and remedy
If the heating affects the usability of the apartment, tenants may be able to reduce the rent. The legal basis is in the German Civil Code; §536 BGB is decisive for rent reduction.[1] In disputes, the local court (Amtsgericht) often decides; in some cases rulings may go up to the Federal Court of Justice (BGH).[3]
Practical steps:
- Set a written deadline for the landlord to fix the issue.
- If there is no response, inform the landlord again and announce possible legal steps.
- If usage is clearly impaired, consider a proportional rent reduction and document reasons and amount.
When formal steps are necessary
If repairs do not happen or the landlord refuses, you should consider legal measures. These include mediation procedures (if offered), consulting an attorney or filing a lawsuit at the competent local court. Keep all documents ready: correspondence, temperature records and witness statements. For questions on allocation of heating costs, the Heating Costs Ordinance may be relevant.[2]
Frequently Asked Questions
- When can I reduce the rent?
- If the heating has downtime and the apartment is thus restricted in use, a rent reduction may be possible; the percentage depends on the individual case.
- Do I have to set a deadline for the landlord?
- Yes. A reasonable deadline to remedy the defect is practically required before initiating legal action.
- Where can I turn if the dispute is not resolved?
- Usually the local court (Amtsgericht) is competent; for legal questions higher instances such as the Regional Court or the BGH may be relevant.
How-To
- Document: Take photos, record temperatures and save all communications.
- Formal notification: Send a written defect notice to the landlord with a deadline.
- Wait the deadline: Allow the landlord the set time to repair.
- Consider rent reduction: Calculate and document if you intend to reduce rent.
- Legal action: If no agreement is reached, prepare documents for the local court or seek legal advice.
Key Takeaways
- Report quickly and set clear deadlines to prompt repairs.
- Complete documentation strengthens your legal position.
- The local court is the usual venue for unresolved rental disputes.
