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Heating system malfunctioned. Repair is urgent due to health reasons.

May 8, 2014 | 75,00 EUR | answered by Rechtsanwältin Jasmi Jasmin Pesla

It takes and takes no end...

...Dear Sir or Madam, and every day the groundhog greets... that's how I feel about the circumstances. I'll try to keep it short: There have been disputes with our landlady for several weeks, of a personal nature, which seems to be usual for the lady (as far as known by previous tenants) - for whatever reason. Regardless of various differences concerning the rental property, the heating has been cold since this morning. In the entire apartment. Hot water: Still working.

My life partner suffers from rheumatism and needs a certain basic warmth, which is why she is early retired. I myself am still receiving ALG2 benefits and have also applied for early retirement - also due to a condition related to the rheumatic spectrum. Unfortunately, we chose a location for the apartment that is one of the rainiest of its kind - due to its geographical location, the small town is often rainy, cold, and wet. This is currently the case as well, with temperatures outside at 13 degrees, heavy rain. The house is not the newest... it is supposed to drop to around 10-8 degrees at night.

We contacted our landlady IMMEDIATELY this morning through all available means - she also lives just one house below us. We sent a fax to her workplace, we tried to call (no response), we sent SMS messages, we dropped a letter in the mailbox (with witnesses). So far, no response. The landlady's husband is at home all day, so he could possibly react - if he could be reached. The landlady finishes work at around 6:00 pm and is usually at home by 6:30 pm - then finding a specialist company: difficult or expensive.

We cannot and do not want to assume any MALICIOUS intent at this time, but what can we do? Buy a cheap heater quickly and pass on the costs (acquisition, operation) to the landlord? We were also not informed about possible maintenance work on the heating system. Another problem (if the landlady does not respond): the gas main connection is in a small cellar that belongs to our apartment. But the heating system is located on the attic of the 2-family house. We live downstairs - upstairs lives (every few weeks for the weekend) the landlady's son. In other words: without access to the upper apartment, we cannot access the heating system on the attic - access can only be granted by the son, the landlady, or her husband.

What if the good lady does not respond now, in this case it is URGENT, we cannot sit here without heating for days... as we have three dogs, this is once again an unpleasant situation.

Thank you in advance....

Rechtsanwältin Jasmi Jasmin Pesla

Dear questioner,

Thank you for your question, which I would like to answer as follows:

The temperature owed in your rental premises and the times within which heating is required will have been agreed upon in your rental agreement. Typically, around 20 degrees Celsius is expected in the apartment. Otherwise, there is a defect in the rented property.

According to § 536 of the German Civil Code, there is a right to reduce the rent for the duration of the defect. Since you are not aware of any necessary energy-efficient modernization, you do not have to accept this. However, it should be noted that only a significant reduction in suitability entitles you to a rent reduction. This means that if the heating system only fails for a short time (a few days) and the temperature in the apartment does not fall significantly below 20 degrees Celsius.

I do not recommend an immediate purchase of mobile heating devices. There have been court rulings that are unfavorable to the tenant in such cases, who would then be left with the cost.

I would advise you to not only identify the defect in writing but also set a deadline by which the apartment must be heated again. In your case, due to the special circumstances, I would set this deadline at 5 days. Threaten with a rent reduction if the issue is not resolved by then.

If the landlord then fails to rectify the defect, according to § 536a of the German Civil Code, you can demand compensation in addition to the rent reduction. You can then rectify the defect yourself and claim reimbursement for the necessary expenses, such as additional heating devices.

Unfortunately, there is no quicker solution as the existence of the rented property itself is not threatened (there is no emergency situation). I hope that the threat of a rent reduction alone will have an effect.

I am happy to answer any further questions you may have.