What options do I have as a tenant if the apartment is not adequately heated?
January 20, 2023 | 50,00 EUR | answered by Günther Schulz
Dear lawyer,
I am reaching out to you today as a tenant in my current apartment facing a problem that is increasingly burdening me. For some time now, my apartment has been inadequately heated, especially during the cold winter months, leading to an uncomfortable situation.
The situation is as follows: In my rental apartment, there is a central heating system controlled by the landlord. Despite my repeated complaints, the heating output has not been increased, resulting in room temperatures often falling well below the recommended level. This not only creates an uncomfortable living environment but also has negative effects on my health, as I constantly feel cold and frequently catch colds.
Therefore, I have significant concerns as I fear that the situation will not improve, and I will continue to live in an underheated apartment. Hence, I am wondering what options I have as a tenant in this situation. Are there legal steps I can take against my landlord? What rights do I have as a tenant regarding the heating in my apartment?
I would be very grateful if you could provide me with specific advice and guidance on how to address this issue. I am willing to take all necessary steps to ensure adequate heating in my apartment and look forward to your support.
Sincerely,
Xenia Schenkenberg
Dear Mrs. Schenkenberg,
Thank you for your inquiry regarding the insufficient heating in your rental apartment. I am sorry to hear that you are in this uncomfortable situation and feeling cold and unwell. As a tenant, you have the right to adequate heating in your apartment, especially during the winter months.
In your case, it seems that the landlord is not fulfilling their obligation to provide sufficient heating. This constitutes a defect in the rented property for which the landlord is responsible. As a tenant, you have various options to address this issue. Firstly, you should formally request the landlord in writing to increase the heating in your apartment. It is advisable to set a deadline for the landlord to respond.
If the landlord does not take action despite your request, you have the option to withhold rent until the issue is resolved. This means that you can reduce the rent accordingly. It is important to conduct the reduction in a reasonable amount and inform the landlord in writing.
Furthermore, you can also apply for an injunction at the relevant court to compel the landlord to remedy the defect. It is advisable to seek advice from a lawyer to properly formulate and enforce the application.
In any case, it is important to document all communication with the landlord in writing to have evidence in case of a dispute. I also recommend contacting a tenants' organization or a specialized lawyer in tenancy law for comprehensive advice and support.
I hope this information is helpful and that you will soon have adequate heating in your apartment. If you have any further questions, please do not hesitate to contact me.
Best regards,
Günther Schulz
