Tenant Rights: Heating Failure Emergency Germany

Many tenants in Germany face the challenge when the heating suddenly fails and the apartment becomes cold. In such situations, tenant rights and obligations as well as possible emergency procedures are important so that living space becomes habitable again and payments can be adjusted correctly. This text explains in clear language which immediate measures you can take, how to prepare a rent reduction, which deadlines apply and when to apply for a court emergency procedure or interim relief. The information is based on the German Civil Code (BGB) and the Code of Civil Procedure (ZPO) and shows practical steps, sample texts and official forms so that you remain able to act in Germany.

Rights and Obligations for Heating Failure

As a tenant you are entitled to a functioning heating system. The landlord is obliged to keep the rented property in a condition suitable for contractual use. In case of prolonged failure there is a claim for repair and, if applicable, rent reduction.^[1]

Immediate Actions for Tenants

• Take photos and note dates as evidence.
• Inform the landlord in writing immediately and set a deadline (email/letter).
• Have a craftsman or heating company commissioned and document the defect report.
• Check rent reduction and assert it only in writing.
• Organize a temporary replacement heater and document costs.

When Rent Reduction Is Possible

The rent reduction depends on the extent of the impairment and the duration. Minor disturbances usually do not justify large reductions; prolonged failure can lead to significant reductions. It is crucial to give the landlord the opportunity to remedy the defect and to document the impairment.

• Record the duration and start of the malfunction precisely.
• The percentage of reduction depends on the individual case and may be determined by a court.
• Keep written correspondence and photos as evidence.

Emergency Procedures and Interim Relief

If the landlord does not respond within a reasonable period, tenants can apply for interim relief at the local court under the ZPO.^[2] For urgent cases, the local court is competent; in many regions the first decision is made there. Legal aid (PKH) can be applied for if the financial requirements are met.

Important forms and notes:

• Application for interim relief (submit in writing to the competent court).
• Application for legal aid (PKH) — request the form via the competent local court or the state justice portal.

FAQ

Can I reduce the rent if the heating fails?

Yes, in case of a significant impairment of use, a rent reduction can be asserted if the landlord does not remedy the problem in time.

Do I have to set a deadline for the landlord?

Yes, in principle you should set the landlord a reasonable deadline to remedy the defect and document this.

Which court do I turn to in an emergency?

For quick measures, the competent local court is responsible; in urgent cases interim relief can be requested.^[3]

How-To

1. Take photos and note the time of the malfunction.
2. Inform the landlord in writing and set a deadline.
3. Wait for the deadline; if there is no response, collect evidence.
4. If necessary, organize a replacement heater and collect receipts.
5. Apply for interim relief at the local court and check eligibility for legal aid.

Help and Support / Resources

• BGB §§535–580a: Duty to maintain the rented property
• ZPO: Rules for interim relief
• Federal Court of Justice (BGH): decisions on tenancy law

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1. [1] BGB §§535–536, gesetze-im-internet.de
2. [2] ZPO, gesetze-im-internet.de
3. [3] Federal Court of Justice, bundesgerichtshof.de