Rent reduction for heating failure – do I still have to pay the full rent?

To give you the answer up front – no. But by how much the rent can actually be reduced, and which circumstances this depends on in detail, is explained in the article below.

In brief

  • The landlord is responsible for heating the flat as agreed in the tenancy agreement.
  • If the landlord fails to meet this obligation, you are generally entitled to reduce the rent.
  • The amount of the possible rent reduction depends on the extent of the defect.
  • The defect must be reported to the landlord promptly and in the proper form.

Table of contents

Can the rent be reduced because of a broken heating system?

By what percentage can the rent actually be reduced?

How do you actually claim a rent reduction?

Can the rent be reduced because of a broken heating system?

A first indication is provided by the so-called comfort temperature for an adult, i.e. specifically how a normal adult perceives the temperature.

During the heating period, the following guide values apply:

  • in the living room, the temperature should be at least 20 degrees Celsius
  • for the bathroom, 21 degrees Celsius is considered appropriate
  • for the hallway, 15 degrees Celsius is the guide value

If these minimum temperatures are not reached, there are in principle grounds for a rent reduction.

When the heating period begins and ends is set out in the tenancy agreement and can be looked up there. Heating periods typically begin on either 1 October or 15 September and end on 30 April or 15 May respectively.

These periods may be longer in individual cases, for example if the rented property naturally stays cold for longer because of its altitude or particular surroundings. However, this must be clearly stipulated in the tenancy agreement.

Please note that the temperatures mentioned only have to be guaranteed between 6:00 a.m. and 11:00 p.m. During the night, values 2–3 degrees lower apply.

By what percentage can the rent actually be reduced?

There is no universally valid catalogue listing the corresponding percentages. Instead, it helps to look at previous case law. Unofficial rent reduction tables also provide initial pointers.

The following guide values can be derived from case law to date:

  • Complete failure of the heating system: rent reduction of 40 to 100% possible
  • Room temperature only reaches 15–18 degrees Celsius: rent reduction of up to 50% possible
  • minor but persistent shortfall below the comfort level: up to 10% possible

How much rent you can actually withhold depends on your individual circumstances. With professional support, you can make sure you are neither too modest nor asking for too much.

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How do you actually claim a rent reduction?

The rule here is: nothing happens without a notice of defects. In other words, if the defect is not brought to the landlord's attention, there is no money back either. For minor deviations from the minimum room temperature, it helps to keep a log. Once this log reaches a length that is no longer tolerable, it is time to report the defect to the landlord.

If, on the other hand, the heating system fails completely, the damage occurs immediately. Now it is important to act quickly, as the date of the notice plays a decisive role in the rent reduction. Ideally, you report the defect immediately and at the same time set the landlord a fair deadline to remedy it. You are then entitled to a rent reduction for the period from the date of the notice until the defect is remedied.

So acting quickly pays off! Or you can instruct CONNY, Germany's largest consumer rights platform. Our legal experts have already secured appropriate rent reductions for countless tenants. Simply fill in our online questionnaire to get started.

Frequently asked questions

Yes, regular overheating of the flat also generally gives grounds for a rent reduction. For example, if the boiler is oversized and this violates the requirement that the heating system be operated economically. A boiler is considered oversized if the unused energy consumption adds up to 60%. A rent reduction of up to 10% is then possible.

The landlord must replace the boiler if it is not just old but actually obsolete. When this is the case follows from the Building Energy Act (Gebäudeenergiegesetz, GEG). § 72 GEG states that “constant-temperature boilers” that are more than 30 years old and have a “rated heat output” of 4–400 kW must be replaced. Exceptions apply only to “low-temperature and condensing boilers”.

However, many tenants and even some landlords have no idea exactly how old their boiler is. This information can be found on the boiler's type plate. Alternatively, you can consult the report of the local chimney sweep.

As surprising as it may sound: yes. The right to a warm flat does not only exist in the winter months. If the room temperature fails to reach the 16-degree-Celsius mark for more than 3 consecutive days, this also gives grounds for a rent reduction in the summer months.

Incidentally, clauses in the tenancy agreement that release the landlord from the obligation to heat in summer are invalid from the outset.

If the room temperature cannot be regulated individually, the landlord's obligation to operate the heating economically is also considered to have been breached. This is because the heating cannot be turned down when outside temperatures are warmer, or turned up when it is cold. This, too, justifies a rent reduction.

You are in a weak position if, as a tenant, you negligently or knowingly overlooked existing defects when signing the tenancy agreement, or if above-average heating costs were to be expected from the outset. The latter is the case with attic flats, for example.

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  1. We review your case and, once instructed, enforce your claim to a rent reduction.
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