Tenant Rights: Heating Replacement & GEG in Germany

As a tenant in Germany, you may face technical modernizations such as a heating replacement under the Building Energy Act (GEG). Such measures can affect tenant rights, operating costs and the question of contesting the measure. This article explains in plain language when you should consider challenging a measure, which obligations landlords have and which deadlines must be observed. I show practical steps for documentation, official forms and the possible lawsuit before the local court. The aim is to give you concrete options so that you can enforce your rights in tenancy law more confidently — without legal training, but with references to relevant laws and official authorities in Germany.

What does a heating replacement under the GEG mean for tenants?

A heating replacement can mean modernization costs, changed operating costs and interference with the contractual use of the apartment. Landlords must announce modernization plans in good time and comply with statutory requirements, in particular the duties from the Civil Code (BGB) (§§ 535–577).^[1] The Building Energy Act (GEG) regulates modern heating technologies and may make replacements mandatory; check whether your dwelling is affected.^[2]

When can tenants contest?

• Within the notice period, check whether replacement measures are clearly described and whether dates are realistic.
• If the notice lacks sufficient details on scope and duration, request written clarification.
• If the quality of living or heating function is endangered, document damages and defects immediately with photos and dates.
• Check whether and how the landlord passes modernization costs on to the rent; the BGB contains rules on cost allocation.
• If an agreement is not possible, a lawsuit at the competent local court may follow; inform yourself about jurisdiction and deadlines.^[4]

Practical evidence collection

Document appointments, announcements, defect photos and all conversations in writing. Note date, time and witnesses for appointments. Such evidence helps with rent reduction claims or a contestation. For billing questions about heating, the Heating Costs Ordinance must be observed.^[3]

Forms and official steps

Important formal steps include: timely request for clarification, applications for legal aid (if needed) and, if necessary, filing a lawsuit at the local court. Use official forms and templates for written requests or legal aid applications when available.

FAQ

Can the landlord simply replace the heating and pass on extra costs to me?

The landlord may carry out modernizations but must announce them in due time and follow legal rules on cost allocation; tenants can review and, if necessary, contest them.^[1]

When is a rent reduction worthwhile after a heating replacement?

If the apartment's usability is impaired (e.g. insufficient heat), a rent reduction may be justified; document the extent and duration of the impairment.

Where do I turn in case of a dispute with the landlord?

For civil disputes, the competent local court is the first instance; higher instances are the regional court and the Federal Court of Justice for fundamental legal questions.^[4]

How-To

1. Document announcements, photos and conversations with date and witnesses.
2. Request detailed written information about the measure and deadlines.
3. Seek free advice from tenant services or consider legal aid for court proceedings.
4. If necessary, file a lawsuit at the local court; prepare evidence and a clear claim.

Help and Support / Resources

• § 535 BGB – Gesetze im Internet
• Building Energy Act (GEG) – Gesetze im Internet
• Federal Court of Justice (BGH)

1. [1] § 535 BGB – Gesetze im Internet
2. [2] Building Energy Act (GEG) – Gesetze im Internet
3. [3] Heating Costs Ordinance – Gesetze im Internet
4. [4] Federal Ministry of Justice and Consumer Protection – Courts
5. [5] Federal Court of Justice – BGH