Tenant Rent Reduction for Heating Failures in Germany

A heating failure in winter is not only unpleasant for tenants in Germany but can significantly impair living conditions. This guide explains what rights you have as a tenant, how to properly document the defect, which deadlines apply for notification and when a rent reduction may be possible. We describe practical steps: immediate notification of the landlord, setting deadlines for defect correction, securing evidence with photos and witnesses, and how to proceed if repairs are not carried out. We also name the relevant legal bases from the BGB and the competent courts so you can act confidently. The advice is aimed at tenants without legal knowledge and is tailored to the legal framework in Germany.

What to do in case of heating failure?

If the heating fails, quick, documented action counts. The goal is to give the landlord the opportunity to repair and at the same time secure evidence in case rent reduction or court proceedings become necessary later.

• Report the defect to the landlord immediately and set a deadline (deadline).
• Secure photos, videos and a temperature log as evidence (evidence).
• Send a written defect notice by e-mail or registered mail and document receipt (mail).
• Arrange emergency measures (e.g. fan heaters) and consider health risks (heating).
• In acute danger, contact medical help or local emergency services (call).

Rights, deadlines and legal bases

The landlord is obliged under tenancy law to maintain the rental property in a contractually agreed condition; in particular, the provisions of the BGB on defects and rent reduction are decisive^[1]. In addition, heating cost regulations govern obligations for the billing of heating costs^[2]. In disputes about rights or amounts of claims, the local court (Amtsgericht) is usually competent; higher instances are the regional court (Landgericht) and the Federal Court of Justice (BGH)^[3].

Rent reduction: briefly explained

A rent reduction is possible if the usability of the apartment is impaired by the heating failure. The amount depends on the extent of the impairment and applicable case law. There are no fixed percentages; assessment is based on comparable cases.

Forms and templates

There is no nationwide "rent reduction form", but important official forms for proceedings or financial support are relevant:

• Termination letter template from the Federal Ministry of Justice (e.g. if a timely termination is necessary): use the template only after legal review (form).
• Application for legal aid (Prozesskostenhilfe, PKH): used if you go to court and need assistance with procedural costs (form).
• Power of attorney for an attorney: if you hire legal representation, a written power of attorney is required (call).

What to do if the landlord does not respond?

First check whether the deadline you set has passed. If no remedy occurs, you can—depending on the extent of the impairment—reduce the rent or arrange for repairs yourself and offset costs. In persistent cases, out-of-court mediation or proceedings before the local court are the next steps.

Securing evidence and documentation

• Keep a defect log with date, time, room temperature and photos/videos (evidence).
• Save all messages, e-mails and registered mails; note telephone calls with date and contact person (mail).
• When craftsmen come, request proper repair reports and invoices (heating).

FAQ

Can I reduce the rent if the heating fails?

Yes, a rent reduction is possible if the apartment's usability is restricted. The amount and start depend on the individual case; document the defect and set deadlines.

How quickly must the landlord respond?

The landlord must act without undue delay once aware; you should report the defect immediately and give a reasonable deadline for remedy.

Is there an official form for rent reduction?

There is no binding official form for rent reduction itself; important forms such as the application for legal aid or termination templates are available from authorities (see footnotes).

How-To

1. Step 1: Report the defect in writing and set a deadline (mail).
2. Step 2: Collect evidence: photos, temperature readings, witness names (evidence).
3. Step 3: Allow a reasonable period for repair (deadline).
4. Step 4: If the defect persists, calculate and declare a rent reduction in writing (rent).
5. Step 5: If disputed, consider proceedings at the competent local court (court).
6. Step 6: Check eligibility for legal aid (Prozesskostenhilfe) if needed (form).

Help and Support / Resources

• § 535 BGB and related provisions (Gesetze im Internet)
• Heating Cost Ordinance (HeizKV) (Gesetze im Internet)
• Federal Court of Justice (BGH) – decisions and information

1. [1] § 535 BGB — Contents and duties under the rental agreement (Gesetze im Internet)
2. [2] Heating Cost Ordinance (HeizKV) — rules for billing (Gesetze im Internet)
3. [3] Court responsibilities — information on local and higher courts (Justiz)
4. [4] Templates and guidance from the Federal Ministry of Justice (BMJ)