Klartext Recht

Heating Broken in Winter: Your Rights to Rent Reduction & Deadlines

2026-06-11

Last Updated: June 2026
Reading Time: approx. 5 minutes

Legal Disclaimer: This article provides legal information based on the German Civil Code (BGB). It does not constitute legal advice. In the event of a total heating failure and an impending legal dispute, you should promptly contact a tenants' association or a specialized lawyer.

Heating Broken in Winter: Deadlines and Rights to Rent Reduction

A heating failure during the cold winter months is not only unpleasant but often makes the apartment uninhabitable. In Germany, tenants have clear legal claims in such a case. Since the landlord is obliged to carry out maintenance, the rent is automatically reduced in the event of a significant defect. However, in order to enforce your right in a structured manner and with minimized legal risks, certain formal requirements must be met. You can find further information on basic tenancy law in our comprehensive tenancy law guide.

1. The Landlord's Maintenance Obligation (Section 535 BGB)

The landlord bears responsibility for the functionality of the heating system.

  • According to Section 535 (1) BGB, the landlord is obliged to grant the tenant the use of the rented property during the rental period.
  • The landlord must provide the rented property in a condition suitable for contractual use.
  • They are also legally obliged to maintain the rented property in this usable condition throughout the entire rental period.

2. Rent Reduction for Heating Failure (Section 536 BGB)

If the heating goes on strike in winter, there is a significant defect that reduces the suitability of the apartment.

  • If the rented property has a defect that negates its suitability for contractual use, the tenant is exempt from paying the rent (Section 536 (1) BGB).
  • For the time during which suitability is merely restricted, the tenant generally only has to pay an appropriately reduced rent (Section 536 (1) BGB).
  • An insignificant reduction in suitability is not legally taken into account here.

3. Defect Notification and Setting a Deadline (Section 536c BGB)

So that you can assert your rights, you must inform the landlord immediately.

  • If a defect appears during the rental period, the tenant must report this to the landlord without culpable delay (Section 536c (1) BGB).
  • If the tenant fails to make this report, they may be liable to compensate the landlord for the resulting damage (Section 536c (2) BGB).
  • In addition, the tenant can lose their right to a rent reduction under Section 536 if the landlord was unable to provide a remedy due to the lack of notification.
  • Recommendation: Set the landlord a very short deadline (at winter temperatures often only 24 to 48 hours) for repair before considering further steps such as a substitute performance. Similar formal requirements also apply to other material defects, such as a rent reduction for mold.

4. Amount of the Rent Reduction

The amount of the reduction is based on the room temperature and the outside temperature. Similar to rent reductions for mold, there are guide values from case law:

  • Total failure in winter: Depending on the outside temperature, reductions of 40% to 100% are possible if the apartment becomes uninhabitable.
  • Insufficient heating performance: If the heating does not reach 20°C during the day, a reduction of 10% to 20% is often considered appropriate in case law.

5. Content Control of Rental Agreements (Section 307 BGB)

Landlords occasionally attempt to restrict reduction rights through clauses in the rental agreement. Such provisions are subject to content control:

  • Provisions in standard contract terms are invalid if they unreasonably disadvantage the tenant contrary to the requirements of good faith (Section 307 (1) BGB).
  • An unreasonable disadvantage may exist if the provision is not clear and understandable.
  • A disadvantage is presumed if a provision is incompatible with essential basic principles of the statutory regulation (Section 307 (2) BGB).

Smart Preparation with AI Analysis

The structured drafting of a defect notification and the classification of your rental agreement are important steps to minimize the risk of discrepancies. Jurivo supports you in your preparation:

  • Clause Check: The AI helps you compare whether your rental agreement has typical blanket restrictions on defect notification or maintenance that regularly raise questions in light of Section 307 BGB.
  • Process Comparison: We help you classify whether your planned damage report corresponds to the usual formal structures common under Section 536c BGB.
  • Reduction Overview: Get general guidance and case studies on classifying potential reduction amounts based on common patterns in case law.

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Status of Legislation: June 2026.