Heating times
November 24, 2010 | 25,00 EUR | answered by Tobias Rösemeier
Dear Ladies and Gentlemen,
My issue is that in my rental apartment (semi-detached house with central heating controlled by the neighbor), the heating is turned off at 10:00 PM, as stated in the rental agreement. I doubt that this is legal, as the apartment, built in 1974, is not insulated and I had to endure a lot of cold during the past winter. What advice do you have for me as a lawyer?
Dear inquirer,
I am happy to answer your question taking into account the situation you described as follows:
You are correct in stating that completely turning off the heating at night is not allowed. A corresponding clause in the rental agreement would likely be ineffective.
However, allowed and permissible is a so-called "night setback" of the heating system.
According to case law, tenants do not have the right to heat their apartment to 20 to 23 degrees Celsius during the night. It is sufficient if the landlord ensures that these temperatures can be reached during the usual daytime hours (6:00 am to 11:00 pm). The heating can be automatically turned down during the night hours, but it must not be completely shut off. The tenant is entitled to a minimum of 17 to 18 degrees Celsius. This has been seen as lawful by the Berlin Regional Court (LG Berlin 64 S 266/97), among others.
Therefore, you can demand from the landlord not to completely turn off the heating.
If the temperatures drop below the minimum threshold of 18 degrees Celsius at night in the future, you have the right to a rent reduction.
Therefore, draft a letter in which you ask the landlord to refrain from the night setback in the future and inform him that if he does not comply and the temperatures fall below 18 degrees, you will exercise your right to a rent reduction of 10-15% for the time the temperature falls below 18 degrees.
I advise you to keep a record of the nightly room temperatures for this purpose.
I hope I was able to help you and answer your question.
If you have any further questions, please feel free to ask.
Sincerely,
Tobias Rösemeier
-Lawyer-
