Can I reduce the rent if the heating in my apartment is not working properly?
October 28, 2023 | 50,00 EUR | answered by Ludwig Kuhn
Dear lawyer,
I am contacting you with a question regarding tenancy law. The heating in my apartment is not working properly and I am wondering if I can therefore reduce the rent.
The situation is as follows: For some time now, I have noticed that the heating in my apartment is no longer functioning properly. The rooms are not being adequately heated and it is always quite cold in my apartment, even though I have set the heating to the highest level. I have already informed my landlord, but so far the problem has not been resolved.
This situation is causing me great concern, as it is unreasonable for me as a tenant to live in a poorly heated apartment, especially now during the cold winter months. I feel significantly restricted in my living quality and I am wondering if I legally have the option to reduce the rent as long as the heating problem is not resolved.
Can you please tell me if I am entitled to reduce the rent in this case and how much reduction would be appropriate? Are there any further steps I can take to expedite the resolution of the heating issue? I thank you in advance for your help and support.
Sincerely,
Jonas Busse
Dear Mr. Busse,
Thank you for your inquiry regarding tenancy law concerning the defective heating in your apartment. It is understandable that a non-functioning heating system in the winter months leads to significant restrictions in your living quality. I will now explain in detail whether and to what extent you can reduce the rent in this situation.
According to § 536 BGB, the tenant is entitled to receive the rental property at the beginning of the tenancy in a suitable condition for contractual use, and to maintain it in this condition during the tenancy. If the heating is defective and therefore the apartment is not adequately heated, there is a defect that significantly impairs your living quality. In such a case, as a tenant, you have the right to reduce the rent.
The amount of rent reduction depends on the severity of the defect. It depends on how much the heating actually does not work and how much your living quality is affected as a result. It is therefore difficult to give a specific figure for the amount of rent reduction. Typically, courts refer to similar cases and judgments to determine the appropriate amount of rent reduction.
It is important that you inform your landlord in writing about the defect and set him a reasonable deadline to resolve the issue. If the landlord remains inactive despite the written request, you can reduce the rent with reservation. It is recommended to document the rent reduction in an appropriate amount (e.g. 10-20%) and pay the reduced rent with reservation to protect your rights.
In addition to rent reduction, you can take further steps to expedite the resolution of the issue. These may include hiring a lawyer, appointing an expert, or contacting the local tenants' association.
Finally, I would like to emphasize the importance of carefully documenting all steps in case of rent reduction and seeking legal advice if in doubt. I hope this information is helpful to you and am available to assist you with any further questions.
Sincerely,
Ludwig Kuhn
Attorney specializing in tenancy law
