Can I reduce my rent if the heating is not working?
January 7, 2023 | 45,00 EUR | answered by Piotr Gehrmann
Dear lawyer,
I am reaching out to you with a question regarding my current living situation. My name is Babette Waldmüller and I am a tenant in an apartment in a multi-family building. For some time now, the heating in my apartment has not been working properly. Despite multiple reports to the landlord, the problem has not been fixed yet. As a result, it is very cold in my apartment and I am increasingly feeling uncomfortable.
I have already tried to find a solution with the landlord, but he does not seem to be very interested in my concern. Since the heating is an essential part of my apartment and I rely on a comfortable room climate, I am wondering if I have the right to reduce the rent in this situation.
I am aware that rent reductions are only possible under certain conditions and I want to make sure that I am on legally solid ground. Therefore, I ask for your assessment of the situation and for possible solutions on how to best proceed in this situation. I am very grateful for your support and advice.
Sincerely,
Babette Waldmüller
Dear Mrs. Waldmüller,
Thank you for your inquiry regarding your living situation and the issue with the heating in your apartment. It is understandable that you feel uncomfortable and need a pleasant indoor climate in your apartment. In such cases, it is important to know the legal options and understand how to proceed best.
According to § 536 BGB, the landlord has the obligation to hand over the rental property to the tenant in a condition suitable for contractual use and to maintain it in this condition during the rental period. This includes a functioning heating system that provides sufficient warmth in the apartment. If the heating system is not working properly and the landlord does not fix the problem despite multiple notifications, you may, under certain conditions, be able to reduce the rent.
In order to carry out a rent reduction, certain criteria must be met. These include, among others, that the defect is significant and significantly impairs the usability of the apartment. In your case, this seems to be the case, as a non-functioning heating system leads to insufficient heating of the apartment and thus restricts its usability.
However, before proceeding with a rent reduction, you should once again, in writing, request your landlord to promptly fix the heating problem. Give him a reasonable deadline for this. If the landlord does not respond even after this request, you can reduce the rent with reservation. It is important that you justify and document the rent reduction appropriately. It is best to consult a lawyer to ensure that you are legally protected.
In addition to rent reduction, you can also consider whether you can claim damages, for example for additional costs incurred due to the insufficient heating operation or for any health impairments caused.
Overall, it is important that you know your rights as a tenant and act accordingly when issues arise with the landlord. I recommend seeking legal advice to find an appropriate solution for your concern.
I hope that my assessment of the situation and possible solutions will help you. If you have any further questions, please feel free to contact me.
Best regards,
Piotr Gehrmann
