Apartment too cold: what minimum temperature you are entitled to

The apartment does not get properly warm even though the heating is running? During the heating period (usually October to April) the landlord must ensure that about 20 to 22 degrees Celsius are achievable during the day; at night it may be a little cooler. If the heating cannot manage this, that is a defect, and you can reduce the rent.

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Your chances of getting your money back

If the heating does not reach around 20 degrees Celsius in the living rooms during the day, there is regularly a rental defect; the rent is reduced for the duration of the impairment (§ 536 BGB).

The reduction takes effect by operation of law as soon as the defect exists and you have reported it. But you must announce it and best document it, otherwise you risk a dispute over the amount.

What you should do now

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1. Measure and record the temperature
Measure several times a day with a thermometer in the middle of the room, about 1 m above the floor, and note the date, time and value. Photos of the thermometer help.
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2. Report the defect in writing
Report the defect to the landlord in writing, describe it precisely and set a reasonable deadline for repair (e.g. 10 to 14 days). This is a condition for many claims.
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3. Announce the reduction
State that you will reduce the rent appropriately from now on until the defect is remedied. It is best to pay the full rent 'under reservation' so as not to forfeit anything.
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4. Follow up if there is inaction
If the landlord does not respond, demand action again with a deadline. In the event of a longer heating failure in winter, an urgent application can be sensible.

How to spot the scam

The landlord claims you would just have to 'heat more', but the system must be able to deliver the target temperature technically.
Blanket delays over weeks without a tradesperson coming.
A clause that excludes any reduction; such clauses are often invalid.

Frequently asked questions

What temperature must be achievable in the apartment?

During the heating period, about 20 to 22 degrees Celsius in living rooms is considered usual during the day; at night (approx. 11 p.m. to 6 a.m.) it may be a little cooler. The decisive factor is that the heating can deliver these values; the exact assessment depends on the individual case.

By how much may I reduce the rent?

That depends on how strongly and how long the apartment is too cold. In the event of a clear shortfall, double-digit percentages are possible depending on the court. If in doubt, seek advice from the tenants' association or a lawyer on the amount.

Do I have to report the defect beforehand?

Yes. The reduction does take effect on its own, but you must report the defect to the landlord so that they can respond, and to avoid trouble over the amount. To be safe, pay the rent under reservation.

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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.