Tenant Rights: Enforce Heating Failure in Germany

A heating failure in winter is not only uncomfortable for tenants in Germany, it can significantly impair habitability. This article explains in plain language the short-term steps tenants can take, how urgent court proceedings work and when rent reduction or compensation may be possible. You will learn which deadlines apply, which official forms and proofs are useful, and how to prepare an interim injunction or an application to the local court. The goal is to give you concrete actions so you can enforce your tenant rights quickly and securely without legal jargon. I also show which official authorities to contact and which documents are particularly important for the local court.

What to do in case of heating failure?

Act promptly: Report the failure to the landlord in writing immediately and demand a quick repair. Note date, time and temperature measurements, take photos and save delivery or access confirmations. The landlord's legal duties are set out in §§ 535 et seqq. of the BGB.^[1] If deadlines are missed or there is no response, an urgent application to the local court may be possible.^[2]

• Inform the landlord in writing (notice) and set a deadline for remedy.
• Take photos and keep a temperature log (evidence).
• Call the management or emergency service if necessary (help).

Urgent court proceedings

If the landlord does not react, tenants can often apply for interim relief to force quick measures. The competent court is usually the local court; the procedure for urgent matters follows the Code of Civil Procedure.^[2] Briefly describe the disturbance, which measures the landlord refused, and attach your documentation. Courts in urgent matters often rely on immediate health risks or substantial impairment of the dwelling.

Rent reduction, compensation and deadlines

Rent reduction applies once the heating no longer ensures the contractual usability of the dwelling. The amount and the start date depend on the type and extent of the impairment and are anchored in the BGB.^[1] Compensation is possible if the landlord acted culpably or missed deadlines. Pay attention to notification deadlines and set clear dates for remediation.

• Document repairs and record appointments (repair).
• Collect receipts for replacement purchases or hotel costs (evidence).
• Set deadlines in writing and obtain confirmation (deadline).

Forms and templates

Typical documents to prepare:

• Letter to the landlord with deadline for remedy (rent reduction notice).
• Application for interim relief / injunction at the competent local court.
• Filing a claim at the local court if urgent relief is insufficient.

Example: Send a written deadline by email and registered mail, document two days without response and then file an urgent application at the local court. Exact wording for applications and claims may vary by court; check local guidance from the competent local court.

FAQ

When can I reduce the rent?

You can reduce the rent if the heating is no longer functioning for an extended period and the use of the apartment is significantly restricted; start and amount depend on the extent of the impairment.

What is an urgent procedure and how fast is it?

An urgent procedure aims for quick provisional decisions (e.g., an injunction). Duration varies; courts often decide within days to weeks.

Which evidence do I need for court?

Temperature photos, written notifications to the landlord, service invoices and, if applicable, medical certificates if health is affected.

How-To

1. Inform the landlord in writing and set a deadline (notice).
2. Collect evidence: photos, logs, witness statements (evidence).
3. If no response, contact management or emergency services (help).
4. If unresolved, prepare an urgent application to the local court (court).
5. After a decision, claim rent reduction or compensation (rent).

Key takeaways

• Document everything and set clear written deadlines.
• Act quickly to preserve urgent legal options.
• Keep receipts and photos organized for court.

Help and Support

• Bürgerliches Gesetzbuch (BGB) §§ 535 ff.
• Zivilprozessordnung (ZPO) — Eilverfahren
• Bundesgerichtshof (BGH) — Case law

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535 ff. — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de