Can I reduce the rent if the heating is not working?
July 28, 2024 | 40,00 EUR | answered by Günther Schulz
Dear lawyer,
I am contacting you because I am having problems with my heating system and I am not sure how to proceed. My name is Siegfried Krause and I am a tenant in an apartment in Berlin. The heating in my apartment has not been working properly for some time now. Despite several reports to the landlord, the issue has not been resolved and the room temperature in my apartment is very low.
I am concerned about my health and well-being, as my apartment is becoming increasingly uncomfortable and cold. Additionally, my heating costs are rising as I have to use electric heaters in addition to the faulty heating system.
Therefore, my question to you is: Can I reduce my rent if the heating in my apartment is not working? Are there any legal regulations that can help me as a tenant in this situation? What steps can I take to compel the landlord to repair the heating system?
I would greatly appreciate it if you could assist me in this matter. Thank you in advance for your support.
Best regards,
Siegfried Krause
Dear Mr. Krause,
Thank you for your inquiry regarding the issues with your heating in the rental apartment in Berlin. It is understandable that you are concerned about your health and well-being, especially considering the cold room temperature and rising heating costs due to the faulty heating system.
Indeed, tenants in Germany have legal rights when it comes to the heating in their rental property. According to § 535 Abs. 1 BGB, the landlord has the obligation to provide the tenant with the rental property 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 ensures an adequate room temperature.
If the heating in your apartment is not functioning properly and the landlord fails to resolve the issue despite multiple notifications, you, as a tenant, have the right to reduce the rent. The amount of rent reduction depends on the extent of the inconvenience caused by the faulty heating. It is advisable to declare the reduction in writing to the landlord and, if necessary, to deposit the amount into a separate rent account.
Furthermore, you can request the landlord to repair the heating system promptly. If the landlord fails to fulfill this obligation, you, as a tenant, have the right to set a deadline for the rectification of the defects and, if needed, to engage a craftsman at your own expense. You can then claim the incurred costs back from the landlord.
It is important to document all steps and communications with the landlord in writing to be able to prove, in case of dispute, that you have fulfilled your obligations as a tenant. If you have any further questions or require legal assistance, I am at your disposal.
Best regards,
Günther Schulz
Attorney specializing in tenancy law
