Tenants: Heating Failure in Winter, Germany

Tenants who find themselves without a working heating system in winter are often under heavy pressure. In Germany there are clear landlord obligations, but quick help starts with careful, court-proof documentation: note date and time, save photos and videos, report the defect in writing and name witnesses. This practical sheet explains how to meet deadlines, which wordings are important in a defect notice and which official authorities and forms can be helpful. The aim is to increase the chances in an emergency procedure or with a rent reduction and to limit financial disadvantages. The language remains easy to understand so that non-lawyers can act step by step. Read on for concrete templates, deadlines and the correct procedure. In case of serious health hazards contact local authorities immediately.

What to do in case of heating failure?

Immediate measures help secure evidence and meet deadlines. Document everything as precisely as possible and inform the landlord in writing.

• Note the date and time of the failure and keep an event log.
• Take and save photos and videos of thermostats, radiators and living areas.
• Send a written defect notice to the landlord and document receipt.
• Call emergency service or property management and make notes of the conversation.
• Name witnesses and record their contact details.
• If there is an immediate health risk inform the responsible authorities without delay.

Forms, deadlines and legal basis

Relevant laws are anchored in the German Civil Code (BGB) and in the Civil Procedure Code (ZPO). Section 535 ff. BGB is decisive for rent reduction.^[1] If you consider legal action or an emergency procedure, the rules of the ZPO apply.^[2]

Important official texts and regulations, such as the Heating Costs Ordinance, provide guidance on cost allocation and measurement duties.^[3]

How-To

1. Check deadlines immediately: when was the defect first noticed and when was the landlord informed.
2. Draft a short, clear defect notice with date, defect description and a deadline for remedy (e.g. 48 hours).
3. Secure photos, videos, meter readings and witness statements in an organized way.
4. Request landlord action by registered mail or electronically and document responses.
5. Assess the amount of a possible rent reduction and document costs saved or incurred.
6. If proceedings are necessary, file documents with the competent local court; emergency relief may be required.

Sample wording

A simple defect notice might read: "I hereby notify you that the heating in the flat at [address] has not been functioning since [date]. Please remedy the defect by [date], otherwise I reserve the right to take further legal action." Attach photos and a list of preserved evidence.

FAQ

Can I reduce the rent if the heating fails?

Yes, tenants can reduce the rent in case of significant impairment; the amount depends on duration and severity and should be assessed using case examples and jurisprudence.^[1]

How quickly must I inform the landlord?

Immediately after discovering the defect. Record date and time and send a written defect notice with a reasonable deadline for remedy.

Which authority handles tenancy disputes?

Tenancy matters are usually handled by the local Amtsgericht in the first instance; higher appeals go to the Landgericht and the Federal Court of Justice may decide on precedents.^[4]

Help and Support / Resources

• Local court finder and court information
• §535 BGB – Landlord obligations
• Heating Costs Ordinance (HeizKV)

1. [1] §535 BGB – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Heating Costs Ordinance – Gesetze im Internet
4. [4] Local courts and court structure – Justizportal