Tenant Rent Reduction for Heating Failure in Germany
As a tenant in Germany, an unexpected heating failure is particularly stressful in cold months. You have rights: the landlord must keep the apartment in a habitable condition, and if the heating fails, a rent reduction may be possible. This text explains which steps tenants in Germany should take immediately, what deadlines and proof obligations look like, which official forms and court instances are relevant, and how a percentage rent reduction can be calculated. I provide practical sample actions, calculation examples and which evidence is helpful in a dispute before the local court. The aim is to make you capable of acting without assuming complex legal terminology.
What to do in case of heating failure?
If the heating fails, act quickly, clearly and with documentation. Start with a factual condition assessment, inform the landlord immediately in writing and set a reasonable deadline for repair.
- Take photos and record the date/time of the failure and keep a heating log as evidence.
- Inform the landlord in writing by e-mail or registered letter and send a defect notice with a deadline; keep copies.
- Set a clear deadline, e.g. "Please fix within 7 days"; note the response deadline.
- For acute health hazards, arrange a contractor for an emergency measure and document costs.
Rights and deadlines
The landlord is obliged under tenancy law to maintain the rented property in an appropriate condition. In case of significant restrictions to usability, such as a prolonged heating failure, a rent reduction is possible. Relevant legal basis can be found in the German Civil Code (BGB), especially provisions on defects and defect remediation.[1]
How much rent reduction?
The amount of the rent reduction depends on the degree of impairment. There is no fixed table in the law; courts refer to practical reference values. As an example: courts have often granted double-digit reduction rates for complete heating failure on cold days. Also check the Heating Cost Regulation and relevant case law for concrete guidance.[2]
Example calculation: base rent 700 EUR, court estimates reduction rate 20% → reduction amount 140 EUR per month. Documentation (heating outage times, thermometer readings, photos) increases credibility.
Forms and court steps
Important official steps and forms for tenants include:
- Written defect notice to the landlord (no statutory template, but a written record is essential).
- In case of dispute: lawsuit at the competent local court (civil proceedings under the ZPO); check local court jurisdiction.
- Order for payment or legal proceedings for outstanding rent refunds can be initiated through the courts.
FAQ
- When can I reduce the rent?
- You can reduce the rent if the usability of the apartment is significantly restricted and the landlord is responsible for the defect or does not remedy it promptly.
- How do I properly document a heating failure?
- Take photos, note times and temperatures, keep messages with the landlord and collect invoices for repairs or replacement heating.
- Which court do I turn to in a tenancy dispute?
- Tenancy disputes are usually heard in the competent local court in the first instance; higher instances are regional courts and possibly the Federal Court of Justice.
How-To
- Document: create photos, temperature measurements and a timeline of the outage.
- Send a written defect notice to the landlord and set a specific deadline for repair.
- Wait for the deadline and follow up if there is no response.
- Arrange replacement measures if there is danger or urgent need and keep receipts of costs.
- If no solution, consider initiating legal proceedings at the local court.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Federal Court of Justice (Bundesgerichtshof)
- Heating Cost Regulation (HeizKV) – Gesetze im Internet
