Tenant Rights for Heating Replacement in Germany
As a tenant in Germany, you may face practical questions when a heating replacement under the GEG is planned: Who pays, which deadlines apply, and what checks are sensible before work begins? This guide explains in clear language your rights as a tenant, typical steps before and during a replacement, and when you can object to a modernization notice. You receive a checklist, notes on important forms and examples of how to document defects. The aim is to make you able to act, meet deadlines and avoid unnecessary costs. The information refers to German law and points to relevant provisions and courts. Read on for concrete steps.
When may the landlord replace the heating?
A heating replacement is often a modernization; landlords must announce this and respect tenant rights. Relevant rules are in the BGB (tenancy law, §§ 535–580a)[1]. Key issues are notice periods, necessary interventions in the flat and whether measures impair habitability.
Checks before replacement
Before work starts tenants should check whether the notice is complete and what effects on rent, heat supply and access to the dwelling are expected.
- Check deadlines and appointment notices, especially start and duration of work.
- Review cost allocation and modernization surcharges: which amounts does the landlord plan to pass on?
- Clarify technical consequences and downtimes of the heating, especially if brief heating outages are expected.
- Coordinate access rights: when do contractors need entry and how will this be documented?
Forms and deadlines
For certain steps there are official notices and templates. An important resource is the Federal Ministry of Justice for templates and guidance; for billing issues the Heating Cost Ordinance is relevant[2]. Example: If you receive a modernization notice, send questions about cost allocation and schedule in writing within the stated deadline and document the dates.
If the replacement triggers tenant costs
If costs are passed on, check whether the conditions for passing on costs are met and whether amounts are itemized. Tenants can pay under protest and request receipts if in doubt.
FAQ
- Who decides which heating system is installed?
- The landlord decides the technical choice but must act economically and inform tenants in good time.
- Can tenants completely refuse modernization costs?
- No, but they can check the justification and amount of the pass-on and, if necessary, legally contest it.
- What to do if heating supply fails during the works?
- Send a defect notice to the landlord, document the downtimes and consider rent reduction where appropriate.
How-To
- Check the modernization notice for content and deadlines.
- Document condition, photos and communication with the landlord.
- Request cost evidence and bills in writing.
- Contact the competent local court or legal office for questions on enforcing your rights.
