The heating season in Germany raises new questions every year: When does it begin? What responsibilities do tenants and landlords have? And who takes care of problems, such as when the heating breaks down? In this article, we'll explore the most important aspects of the heating season, provide practical tips, and explain your rights and responsibilities.
The heating season in Germany: What landlords and tenants should knowLink to this section
Tenancy law regulates the relationship between tenants and landlords through numerous laws that define both the rights and responsibilities of both parties. However, there are a few topics in tenancy law that are not explicitly regulated by law. One such topic is the heating season, and thus the exact period during which tenants must have a functioning heating system in their apartment. Since there is no law governing the heating season, it is often determined individually in the rental agreement between tenant and landlord. In practice, when a heating system is actually used and how many days it is actually heated depend much more on the outside temperature and the apartment or building.
When does the heating season begin? Three possible answersLink to this section
When does the heating season begin in Germany? Three answers to this question have emerged, both in popular usage and in legal practice.
The heating period can describe the period from the first to the last heating day or it can be a fixed period established by court rulings, as case law has defined certain guidelines for the usual period of a heating period through various rulings.
In derogation from general court regulations, regional ordinances may also determine the heating period for rental apartments. These ordinances take into account the climatic characteristics and average temperatures of the respective region.
Heating season: What exactly does the law say about this?Link to this section
Although the start of the heating season may vary depending on regional regulations or individual agreements in the rental agreement, there is a standard period of time. This is established as a general guideline by various court rulings.
For example, the Berlin Regional Court has set the heating period from October 1 to April 30 (Berlin Regional Court, May 26, 1998, Ref. No.: 64 S 266/97). Many property management companies and landlords also base their heating periods on this period.
What temperature must be reached in which rooms and when?Link to this section
During the heating season, the heating systems in a rental apartment must generally reach certain agreed-upon minimum temperatures. Landlords are obligated to do this, as these minimum temperatures are important for ensuring an adequate living quality for tenants.
Accordingly, a room temperature of at least 20 degrees Celsius is required during the day (6:00 a.m. to 11:00 p.m.), and at least 18 degrees Celsius at night. Furthermore, the minimum temperatures are differentiated between living rooms and bathrooms:
20 degrees Celsius in living rooms during the day21 degrees Celsius in bathrooms and toilets during the day18 degrees Celsius in all rooms at night
Tenancy law: What obligations do tenants have during the heating season?Link to this section
Tenants in Germany not only have the right to a warm home during the heating season, but also certain obligations to prevent any damage to and in the apartment. Here are the most important points:
Minimum temperatures, mold prevention and heating when away
Minimum temperatures in rental apartments aren't just important for landlords. Tenants must also maintain certain minimum temperatures to prevent mold growth and burst pipes. If the temperature drops too much, moisture can build up, which leads to mold growth. Remediation of such damage can then be at the tenant's expense.
Tenants are responsible for heating their apartments, even during extended absences. When outside temperatures are low, precautions should be taken, such as having a trusted person fulfill the heating obligation and turn up the heating when needed. However, it should be noted that frequent switching of the heating on and off, known as cycling, can reduce the efficiency of the heating system.
Not heating to save money – not a good idea
Anyone considering turning down the heating during times of high energy prices should not underestimate the potential risks and damage, such as frost damage and mold growth. To avoid unexpected heating costs, we advise you to keep an eye on your energy provider's current prices and adjust your heating accordingly, or switch providers.
The optimization of the heating system by the landlord, for example by a hydraulic balancing , and insulating heating pipes can help owners, tenants and landlords save costs.
Dispute: Temperature too low – What to do?Link to this section
The heating season and the failure to achieve a minimum temperature during this period frequently leads to disputes between tenants and landlords. Conflicts often arise due to differing opinions about appropriate room temperatures and unclear points regarding the start and end of the heating season. While many parties in dispute refer to the regulation of the heating season, the reality is more complex and requires a differentiated approach. Individual temperature perception plays a key role in determining whether a room in the house is perceived as too cold.
Therefore, it is advisable to include clear regulations regarding the heating season in the rental agreement to avoid misunderstandings from the outset. In the event of persistent disagreements, tenants and landlords should seek dialogue or contact a tenants' association or the Property management to find an amicable solution.
Troublemaker in the homeowners association ? You can do that.
Heating system broken – what to do?Link to this section
If heating systems in a rental property aren't working, tenants should first notify the landlord. This should ideally be done in writing to document the incident. It's advisable to carefully document the damage and its effects, for example, with photos or temperature logs.
Minor repairs, such as venting the heating system, can be delegated to the tenants, provided they can be performed without specialist knowledge or special tools. Major repairs must be handled by the landlord or the property management. If the landlord fails to respond or repair the damage, tenants have the right to demand a rent reduction.
Heating outside the heating seasonLink to this section
There are no legal regulations for tenants regarding heating outside of the heating season. However, the transitional periods in spring and fall pose many tenants with the question of when to turn on the heating. The problem: During the day, it can be pleasantly warm, especially when the sun is shining, while at night, temperatures often drop below freezing.
What if the heater breaks down? A tenant is entitled to a functioning heater if the outside temperature falls below 16 degrees Celsius or the apartment temperature remains below 18 degrees Celsius for three consecutive days. These figures serve as guidelines, as there are no explicit legal regulations. Therefore, the question of whether and when a rent reduction demanded by the tenant is permissible in this case cannot be answered.
The legal basis for a rent reductionLink to this section
The legal basis for a rent reduction due to defects in the rental property is Section 536 of the German Civil Code (BGB). According to this provision, tenants have the right to reduce the rent if the rental property has a defect that impairs its suitability for contractual use. A heating failure or inadequate heating performance constitutes such a defect, as they significantly impair the quality of living.
The exact amount of rent reduction is not legally stipulated and depends on the individual circumstances of the case. Factors such as the duration of the heating outage, the outside temperatures, and the temperatures inside the apartment all play a role. Rent reduction tables, which contain numerous court rulings on similar cases, can serve as a guide.
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