Tenant Rights: Heating Replacement under GEG in Germany

Many tenants in Germany are unsure how a heating replacement under the Building Energy Act (GEG) affects their tenant rights, rental costs and protection against unjustified termination. This text explains in practical terms which deadlines landlords must observe, which legal bases in the BGB apply and how families should respond without assuming legal expertise. You will receive clear action steps: how to check the landlord's information duties, which costs can be allocated, how to assess a rent increase or modernization notice and which authorities are responsible for complaints. At the end you will find an FAQ, a step-by-step guide on how to respond and official sources for sample forms and court information. The guidance is based on current laws and shows how to secure evidence, meet deadlines and, if necessary, clarify matters at the local court or higher instances.

What does a heating replacement under GEG mean for tenants?

A heating replacement can be ordered or announced for energy reasons under the GEG. The key question is whether it counts as a modernization under § 555b BGB or as a legally required renewal of technical systems. Landlords must notify and justify announcements in a timely manner; tenants have information rights and possibly claims for compensation when use is restricted.^[2]

Which costs can be passed on to tenants?

German tenancy law distinguishes between maintenance costs (generally landlord) and modernization costs that can sometimes be passed on. The legal rules are in the BGB and the Heating Costs Ordinance; check whether the announced measures qualify as modernization under §§ 555b ff. BGB before you agree or object.^[1]

• Check whether and to what extent modernization costs may be passed on to the rent.
• Request the modernization notice in writing with a breakdown of costs and a timetable.
• Pay attention to deadlines for objections and the landlord's information duties.

What rights do families have in particular?

Families should pay special attention to temporary restrictions (e.g. no hot water, reduced heating capacity). In case of significant impairments, a rent reduction may be appropriate; the amount depends on the extent of the impairment and case law.^[1]

Practical steps for tenants

1. Request the written modernization announcement with reasons, costs and timetable.
2. Secure evidence: photos, messages, appointments and witnesses document the condition and restrictions.
3. Check deadlines for objections and respond within the specified time frames.
4. Check whether costs are being allocated according to the law and whether the calculation is transparent.
5. In case of dispute, consult the local court or a legal advice office; BGH case law can be relevant for fundamental questions.

FAQ

1) Do I have to accept a heating replacement as a tenant?

No, not automatically. If it is a legally required renewal, the landlord may carry out the measure but must inform tenants and may need to consider modernization rights and reasonableness.^[2]

2) Can landlords pass the full cost of the replacement on to tenants?

Only partially. The allocation of modernization costs is regulated by law; pure maintenance costs are normally borne by the landlord. Check the specific cost breakdown.

3) Where can I turn if my landlord ignores deadlines or duties?

Contact the competent local court (Amtsgericht) for tenancy disputes or seek legal advice; the Federal Court of Justice (BGH) decides on precedents for fundamental legal questions.^[3]

How-To

1. Check the written announcement and note all stated dates and costs.
2. Collect evidence (photos, messages, witnesses) and keep a defect log.
3. Object in writing within the indicated deadline if the measure is unclear or disproportionate.
4. Request a detailed cost breakdown and check possible state subsidies that could reduce cost allocation.
5. For ongoing disputes, prepare a claim or contact the local court and present your documentation.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Gebäudeenergiegesetz (GEG) – Gesetze im Internet
• Bundesgerichtshof (BGH) – Information

1. [1] BGB §§ 535–580a – Bürgerliches Gesetzbuch (Gesetze im Internet)
2. [2] Gebäudeenergiegesetz (GEG) – Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) – Offizielle Informationen