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Heating fails in winter? Your rights as a tenant

A cold apartment, a broken heater, especially in winter that is more than an annoyance. A working heating system is part of the contractual condition. If it fails or it stays too cold, you can reduce the rent.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Report the defect and reduce rent

Your chances of getting your money back

During the heating period (usually October to April), the heating must provide sufficiently warm rooms during the day (often around 20 to 22 °C in living rooms). If it stays significantly colder or the heating fails, that is a defect that entitles you to a rent reduction (§ 536 BGB).
The amount of the reduction depends on the severity and the outside temperature; in case of a complete heating failure in deep winter, courts can award very high rates. Report the defect immediately.

What you should do now

  1. 1

    1. Measure the temperature

    Measure the room temperature at different times of day and note it with the date.

  2. 2

    2. Report immediately

    Report the heating failure to the landlord without delay and demand a prompt repair (deadline).

  3. 3

    3. Reduce the rent

    For the duration of the impairment you can reduce the rent appropriately (pay under reservation).

  4. 4

    4. If the landlord is inactive

    If the landlord does not react, further steps (replacement heating, self-remedy) are an option; get advice first.

Frequently asked questions

From what temperature may I reduce the rent?

There is no rigid limit, but during the heating period a minimum temperature of around 20 to 22 °C is usually required for living rooms during the day. If it stays significantly colder for a long time or the heating fails, there is a defect that entitles you to a rent reduction (§ 536 BGB). At night the values may be somewhat lower.

How much can I reduce for a heating failure?

That depends on the severity and the outside temperature. For limited warmth it is often moderate percentages; for a complete failure in winter, courts have awarded very high reductions up to a large part of the rent. Important: report the defect immediately and make the reduction under reservation.

Take action now

We put together the ready-made texts and the right places to contact for you.

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.