Heating Broken in Winter: 100 % Rent Reduction + Emergency Steps
The Heating Breaks Down — in the Middle of January
It's Friday evening, minus five outside, and the radiators stay cold. You call your landlord — voicemail. On Monday they get back to you: "The technician can come next week at the earliest." Until then, dress warmly. Sound familiar? You're not alone. Heating failure in winter is one of the most common rental defects in Germany — and one where the law is clearly on your side.
Heating Is Not a Luxury — It's an Obligation
Your landlord owes you a functioning heating system (§ 535 BGB). During the heating period — usually October 1 to April 30 — the apartment must be heatable to at least 20–22°C during the day and 18°C at night. If these standards aren't met, it's a rental defect.
This isn't about goodwill. It's a core contractual obligation. And if your landlord doesn't fulfill it, you have concrete rights.
How Much Rent Reduction for Heating Failure?
The amount depends on how severely the apartment is affected:
| Situation | Reduction | Reference |
|---|---|---|
| One room not heatable | 15–20% | AG Charlottenburg, 07.06.2005 |
| Multiple rooms affected | 20–30% | LG Berlin, 20.10.1992 — 64 S 291/92 |
| Entire apartment cold (below 18°C) | 50–70% | LG Hamburg, 15.02.2001 |
| Total failure in deep winter | up to 100% | AG Köln, 14.11.2006 — 210 C 86/06 |
The reference amount is always the gross warm rent (cold rent + utilities). Important: the reduction applies from the day you reported the defect — not from when the landlord responds.
How to Proceed Correctly
1. Document the temperatures Measure room temperature in the morning, at noon, and in the evening — ideally with a simple thermometer and a timestamped photo. Also note the outside temperature. A temperature log over several days is strong evidence in court.
2. Report the defect — immediately and in writing Notify your landlord without delay (§ 536c BGB). By email with read receipt or registered mail. Be specific: "Since January 15, 2026, the heating in the entire apartment has not been working. The room temperature during the day is no more than 14°C." Set a deadline — for heating failure in winter, 3 to 5 days is appropriate.
3. Let the deadline pass If the landlord doesn't respond within the deadline, you have several options:
- Rent reduction: Reduce the rent proportionally to the impairment.
- Self-remedy: You can hire a technician yourself and claim the costs back from the landlord (§ 536a(2) BGB). Prerequisite: the deadline has expired or the landlord has explicitly refused the repair.
- Termination without notice: If the total failure continues in winter, the apartment may be considered uninhabitable — then § 543(2) No. 1 BGB applies.
4. If your health is at risk: don't wait Prolonged low temperatures can be dangerous, especially for children, elderly people, and those with chronic conditions. If your health is threatened, you don't have to wait weeks for a repair.
Common Mistakes
- Only reporting verbally: Without written proof, you lose your evidence in a dispute. Always in writing.
- Waiting too long: The longer you tolerate the defect, the harder it becomes to claim retroactive reduction.
- Withholding rent entirely: This is risky. Reduce by a percentage and transfer the rest. Once you're two months behind, the landlord can terminate without notice.
- Electric heaters at the landlord's expense: This only works if the landlord suggested emergency heating or self-remedy applies. Otherwise you pay the electricity yourself.
A Typical Case
A tenant in Berlin — found on an online forum — reports: the heating in their old building fails completely in December. They report the defect in writing. The landlord stalls for weeks, sends no technician. After three weeks at 12–14°C room temperature, the tenant hires an installer themselves. Cost: €480. The landlord refuses to pay. In court, the tenant wins — both the repair bill and a 50% rent reduction for the affected period are awarded.
Cases like this aren't the exception. They happen thousands of times every winter.
When to Get Help
Your local Mieterverein (€60–90/year) can give you a quick assessment. A specialist rental law attorney costs €50–150 for an initial consultation. With heating failure in winter, don't spend weeks researching on your own — time is working against you.
And as a first step: describe your situation to MieterHelfer.
Why MieterHelfer Helps with Heating Failure
"Heating broken for a week, landlord not responding, 14 degrees in the apartment" — a message like that is enough. MieterHelfer analyzes your situation, explains a realistic reduction amount, and tells you what steps to take next. Instantly, free, no registration required.
Not a replacement for a lawyer — but the right first step when the apartment stays cold.