Tenants: Heating Replacement Errors after GEG in Germany
What tenants need to know
As a tenant in Germany you have rights when a heating system in an older building is modernized or replaced. Landlords must announce modernizations according to the rules of the German Civil Code (BGB) and may need to follow the Heating Costs Ordinance[2][1]. The Building Energy Act (GEG) can impose technical requirements and notification duties[3]. Documentation, deadlines and formal defect notices are central: only those who respond in writing and in time protect their rights as tenants.
Common mistakes
- Not reporting defects in writing and not creating proof of the defect.
- Failing to set a deadline for remedy or setting too short deadlines.
- Failing to document photos, temperature logs and communications.
- Switching off the heating on your own without legal review.
- Carrying out repairs without prior coordination or cost responsibility clarification.
How to check safely
First check the landlord's notice for details about scope, duration and legal basis. Note start/end of outages, measure room temperatures and collect communication evidence. State a reasonable deadline in your letter for remedying disturbances and request a detailed cost breakdown if costs change. If you are unsure, use the official legal texts and sample forms before withholding payments.
Frequently Asked Questions
- Does the landlord have to announce the heating replacement?
- Yes, modernizations usually must be announced; the announcement should state scope, timeframe and legal basis. See the relevant rules in the BGB.[1]
- Can I reduce the rent if the heating fails?
- If there is a significant impairment, tenants can reduce the rent if the defect was reported to the landlord and the landlord does not remedy it. The amount depends on the severity of the impairment.
- Which forms or templates do I need?
- A written defect notice is usually sufficient; templates for lawsuits or court applications are available from the judicial authorities and official form sheets.[1]
How-To
- Document the defect: take photos, record temperatures, date and time.
- Send a written defect notice to the landlord and set a clear deadline.
- Wait for the response; record replies and appointments.
- Seek legal advice or tenant assistance if the landlord does not respond.
- As a last resort, you can file a lawsuit at the competent local court; use official forms.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
- Heizkostenverordnung (HeizKV) - Gesetze im Internet
- Gebäudeenergiegesetz (GEG) - Gesetze im Internet
