Tenant Rights for Heating Failure in Germany

A heating failure in winter can quickly become an emergency for tenants, especially for families with children. In Germany, tenants have specific rights: the landlord must keep the apartment in a habitable, heatable condition, and in case of failure rent reduction, claims for damages and even interim injunctions may be possible. This guide explains immediate steps tenants should take — such as reporting the defect, setting deadlines, documenting the situation and contacting authorities — and when filing at the local court makes sense. Language is clear and practical; forms, competent authorities and relevant sections of the BGB and ZPO are mentioned so families can enforce their claims in an organized way. Read on for templates and a step-by-step procedure.

What to do in case of heating failure?

The landlord is obliged under the provisions of the German Civil Code to maintain the property; relevant rules are found in §§ 535 ff. BGB.^[1] Report the defect immediately in writing and set a clear deadline for rectification.

• Send a formal defect notice with date, precise description of the fault and a demanded deadline.
• Take photos, note temperatures and collect witness statements as evidence.
• Set a reasonable deadline (e.g. 48 hours for acute cold) and document the dispatch.
• Request prompt repair measures and suggest temporary solutions (e.g. interim heaters).

Rights: rent reduction, damages, interim relief

In case of significant impairment, tenants may be entitled to rent reduction and possibly damages. If repair is not made within the set deadline, an application for interim relief under the Code of Civil Procedure may be considered.^[2] In urgent cases the local court is often competent; it can provide a quick provisional ruling.^[3]

Practical procedure – checklist

• Send defect notice by registered mail or email with read receipt.
• Secure photos and temperature logs.
• Set and observe a deadline; document any escalation.
• Contact the landlord by phone and in writing; keep notes of conversations.

FAQ

Can I reduce the rent if the heating fails?

Yes, if there is a substantial loss of use you can reduce the rent; the extent depends on the severity of the impairment and case law.

How do I report the defect correctly?

Send a written defect notice with date, description and deadline; attach evidence such as photos and temperature logs.

When is an emergency injunction appropriate?

If there are immediate health risks or the landlord fails to act after a deadline, an emergency injunction at the local court can secure a rapid remedy.

How-To

1. Collect evidence: photos, temperature logs, witnesses.
2. Send a formal defect notice with a concrete deadline.
3. Wait for the deadline; document every escalation and communication.
4. If the landlord does not comply, apply to the local court for interim relief or file a claim.

Help and Support

• Gesetze im Internet – BGB
• Gesetze im Internet – ZPO
• Federal Ministry of Justice

1. [1] Gesetze im Internet — BGB §§535 ff.
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Bundesministerium der Justiz — Informationen zu Gerichten