Rent reduction for Heating & Hot Water
Without working heating and hot water, a flat is not what you are paying rent for. Courts see it the same way: hardly any other defect is recognised as consistently, or at such high rates, as a cold flat in the middle of the heating season.
6 types of defect · rates from 3 % to 100 %
This text was machine-translated. Only the German version is legally binding. To the German original
Every defect in this category at a glance
Heating failure (complete)
50–100 %The entire heating system fails, room temperature below 18 °C during the heating season (October–April).
Deadline for the repair: approx. 3 daysHeating failure (individual rooms)
5–30 %The heating fails in one or more rooms while the other rooms are heated.
Deadline for the repair: approx. 7 daysHeating does not warm sufficiently
5–30 %Room temperature stays below 20 °C although the heating is running.
Deadline for the repair: approx. 10 daysHot water failure (complete)
10–30 %No hot water available anywhere in the apartment.
Deadline for the repair: approx. 5 daysHeating makes noises
5–25 %Knocking, gurgling or other disturbing noises in the heating pipes.
Deadline for the repair: approx. 14 daysHot water only after a long wait
3–10 %Hot water only arrives after running the tap for 5+ minutes.
Deadline for the repair: approx. 21 daysThe legal position
By settled case law the heating season runs from 1 October to 30 April. During that time living rooms have to reach roughly 20 to 22 °C during the day. If the heating cannot manage that, there is a defect under § 536 Abs. 1 BGB. Whether the landlord is at fault makes no difference to the reduction.
Every reduction requires a defect notice (Mängelanzeige) under § 536c BGB, because the claim only becomes enforceable once the landlord knows. To the guide: writing a defect notice
Frequently asked questions about Heating & Hot Water
How much rent reduction is possible for Heating & Hot Water?
The guidance values in this category range from 3 to 100 percent of the gross warm rent. The highest rate falls to “Heating failure (complete)” at up to 100 percent. What always governs is the duration, intensity and extent of the impairment in the individual case.
Which defects belong to Heating & Hot Water?
This category covers 6 types of defect: Heating failure (complete), Heating failure (individual rooms), Heating does not warm sufficiently, Hot water failure (complete), Hot water only after a long wait, Heating makes noises.
What do I have to do before I reduce the rent?
Report the defect to your landlord in writing without delay (§ 536c BGB) and set a deadline for the repair as a specific date. Only from the landlord's knowledge onwards is the reduction practically enforceable. If in doubt, keep paying under protest for now.
Other defect categories
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