Heating obligation in autumn: what tenants need to know!

Heating obligation in autumn: what tenants need to know!

With autumn, the cool weather is moving in Germany and the heating movements are becoming active again. For many tenants and landlords, it is now time to think about the legal framework of the heating. What do both parties have to consider when it comes to heating? Which obligations do landlords have, and what rights do tenants enjoy in the event of a heating failure?

In Germany, the heating period is legally determined from October 1 to April 30th. During this time, landlords are obliged to keep the heaters in their rental objects functional. It does not matter whether it is a central or an individual heating system. The minimum temperatures that must be maintained in the rental rooms are between 18 and 22 degrees Celsius.

heating obligation and their rights

According to the consumer protection association, the heating obligation for landlords is essential for landlords during the heating season. A judgment of the Bonn District Court from 2021 confirms that rental rooms must achieve the defined temperatures during the heating season. For example, at least 20 degrees Celsius are required for the living room, while the bathroom should even be heated to 22 degrees Celsius.

However, certain regulations also apply outside the heating period. Courts are based on the outside temperatures. If the temperatures fall below twelve degrees Celsius over a period of several days, landlords are also obliged to supply heat during this time. This is underpinned by past judgments, such as that of the 1986 Court of Justice.

do you rent the heating?

A common topic is also the night lowering of the heating systems. Tenants have no legal right to heat the minimum temperatures during the night. However, a night reduction tailored to the needs of the building can make sense to save energy and avoid mold formation. However, owner communities should note that such regulations can be easily decided, but must be adapted to the respective building situation.

If the heating fails and the minimum temperatures cannot be reached, tenants have the right to reduce rent. In extreme cases where the heating system fails, this can result in a rent reduction of up to 100 percent. The consumer portal therefore advises regular maintenance of the heating systems to avoid such situations.

for tenants there is no legal heating obligation. Clauses in rental contracts that undertake tenants for certain heating temperatures are ineffective. Nevertheless, tenants should prevent damage to the apartment, such as frost damage or mold formation. In conclusion, it remains to be seen how the heating period will go this year and what challenges both tenants and landlords expect. The legal provisions offer a clear orientation, but awareness and sense of responsibility are required on both sides so that a pleasant living climate is guaranteed.