Rent Reduction for Heating Failure: Your Rights as a Tenant

When is a heating defect present?

The landlord is obligated under Section 535(1) sentence 2 BGB to maintain the rental property in a condition suitable for contractual use. This includes a functioning heating system that enables room temperatures of at least 20-22 °C during the day and 18 °C at night during the heating season (October 1 to April 30).

A heating failure, defective heating, or persistently low temperatures constitute a significant defect. The rent is automatically reduced by law according to Section 536 BGB.

How much rent reduction for heating failure?

The amount of rent reduction depends on the severity and duration of the failure. Courts have established the following guidelines:

• Temperature only 18-19 °C: 5-10 % (LG Berlin, 63 S 423/11)
• Temperature only 16-18 °C: 20 % (AG Cologne, 152 C 1249/74)
• One room not heatable: 20-25 % (LG Hannover, 11 S 296/79)
• Total failure in winter: 50-75 % (LG Bonn, 6 S 396/81; LG Berlin, 64 S 291/91)
• No heating + no hot water: up to 100 % (LG Berlin, 65 S 70/92)

View all court rulings on heating failure →

Heating failure outside the heating season

Even outside the heating season (May to September), a claim may exist if room temperature falls below 18 °C. Additionally, a heating failure often affects the hot water supply, which constitutes a defect year-round.

Rent reduction for hot water failure

If the hot water supply fails, this also constitutes a defect. Courts award 7.5-50 % rent reduction depending on duration and scope. When heating and hot water fail simultaneously, the reduction percentages are cumulative.

Heating broken: How to proceed correctly

1. Document temperatures: Measure and record room temperatures several times daily with a thermometer. Photograph the readings with the date.
2. Write a defect notice: Inform the landlord immediately in writing (by registered mail) and set a deadline of 3-5 days for repair. Create defect notice →
3. Claim rent reduction: The reduction applies from the day of failure, not from the deadline expiry. Create rent reduction letter →
4. Emergency measures: In extreme cold, after the deadline expires you can commission a repair at the landlord's expense (Section 536a(2) BGB - self-remedy).

Important: Report the failure immediately. Under Section 536c BGB you risk losing your right to reduction if you delay notification.

Frequently asked questions about heating failure

Does the rent reduction apply retroactively?

Yes. The rent reduction takes effect automatically by law - from the day the defect occurred. You do not need to "announce" the reduction beforehand.

Do I need a lawyer?

No. You can claim the rent reduction yourself. Our service creates a legally sound letter for you - free or with professional analysis. Calculate reduction →

What if the landlord does not respond?

After the deadline expires, you have the right to self-remedy (Section 536a(2) BGB), can exercise a right of retention on rent (Section 320 BGB), and claim damages (Section 536a(1) BGB).