- The landlord is responsible for heating the flat as agreed in the tenancy agreement.
- If the landlord fails to do so, you are in principle entitled to reduce the rent.
- How much you can reduce depends on how severe the defect is.
- You must report the defect to the landlord promptly and in the proper form.
Paying too much rent?
The free rent check tells you in two minutes whether your rent is above the Mietpreisbremse limit.
Can I reduce the rent because of a broken heating system?
A first pointer is the so-called comfort temperature – the temperature an average adult perceives as comfortable.
During the heating season, these guide values apply:
- the living room should be at least 20 degrees Celsius
- 21 degrees Celsius counts as appropriate for the bathroom
- 15 degrees Celsius is the guide value for the hallway
If these minimum temperatures are not reached, you in principle have grounds for a rent reduction.
When the heating season starts and ends is set out in your tenancy agreement. Typically it starts on 1 October or 15 September and ends on 30 April or 15 May.
These periods can be longer in individual cases, for example if the property naturally stays cold for longer because of its altitude or particular surroundings. That must, however, be clearly set out in the tenancy agreement.
Note that these temperatures only have to be guaranteed between 6:00 am and 11:00 pm. At night the values are 2 to 3 degrees lower.
By what percentage can the rent actually be reduced?
There is no universally binding table listing the exact percentages. Instead, it helps to look at previous case law. Unofficial rent reduction tables also give a first indication.
The following guide values can be derived from case law so far:
- Total failure of the heating system: 40 to 100% rent reduction possible
- Room temperature only reaches 15 to 18 degrees Celsius: up to 50% rent reduction possible
- Slight but persistent shortfall below the comfort level: up to 10% possible
How much rent you may actually withhold depends on your individual circumstances. With professional support you make sure you are neither too modest nor asking for too much.
How do I actually claim the rent reduction?
The rule here: nothing happens without a notice of defect. In other words, if the landlord is not told about the defect, there is no money back. For minor shortfalls below the minimum room temperature it helps to keep a temperature log. Once that log reaches a length that is no longer tolerable, it is time to report the defect to the landlord.
If the heating system fails completely, however, the damage is immediate. Now you need to act fast, because the date of your 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 fix it. You are then entitled to a rent reduction for the period from the date of the notice until the defect is remedied.
Acting quickly pays off. Or you 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.
Frequently asked questions
Paying too much rent?
Two minutes, free of charge, no obligation: the rent check compares your rent with the limit of § 556d BGB.