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The heating period in Germany raises new questions every year: When does it start? What obligations do tenants and landlords have? And who takes care of problems, for example if the heating breaks down? In this article, we shed light on the most important aspects of the heating period, give you practical tips and explain your rights and obligations.
The heating period in Germany: What landlords and tenants should know
Tenancy law regulates the relationship between tenants and landlords through numerous laws that define both the rights and obligations 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 therefore the exact period in which tenants must have a functioning heating system in their apartment. As there is no law governing the heating season, this is often stipulated individually in the tenancy agreement between tenants and landlords. In practice, when a heating system is actually put into operation and how many heating days there actually are naturally depends much more on the outside temperature and the apartment or building.
When does the heating season start? Three possible answers
When does the heating period begin in Germany? Three answers to this question have emerged in common parlance and also in case law.
For example, the heating period can describe the period from the first to the last heating day or be a fixed period that has been determined by court rulings, as case law has defined certain guidelines for the usual period of a heating period in various rulings.
In deviation from the general legal provisions, regional ordinances can also determine the heating period for rental apartments. These regulations take into account the climatic characteristics and average temperatures of the respective region.
Heating period: What exactly does case law say about this?
Although the start of the heating period may be regulated differently by regional regulations or individual agreements in the tenancy agreement, there is a standard period of time. This is determined by various court rulings as a general guideline.
For example, the Berlin Regional Court has defined the heating period as the period from October 1 to April 30 (LG Berlin, May 26, 1998, Ref.: 64 S 266/97). Many property managers and landlords also use this period as a guide.
What temperature must be reached in which rooms and when?
During the heating period, the heating in a rented apartment must generally reach certain agreed minimum temperatures. Landlords are obliged to do this, as the minimum temperatures are important in order to ensure an appropriate quality of living for tenants.
Accordingly, a room temperature of at least 20 degrees Celsius is required during the day (6:00 to 23:00) and at least 18 degrees Celsius at night. A distinction is also made between minimum temperatures in living rooms and bathrooms:
- 20 degrees Celsius in living rooms during the day
- 21 degrees Celsius in bathrooms and toilets during the day
- 18 degrees Celsius in all rooms at night
Tenancy law: What obligations do tenants have during the heating period?
During the heating period in Germany, tenants not only have the right to a warm home, but also certain obligations to prevent any damage to and in the home. Here are the most important points:
Minimum temperatures, mold prevention and heating during absence
Minimum temperatures in rented apartments are not only important for landlords. Tenants must also maintain certain minimum temperatures to prevent mold growth and burst pipes. If the temperature drops too low, moisture can form, leading to mold growth. The removal of such damage can then be at the tenant's expense.
Tenants are also responsible for heating the apartment when they are away for longer periods of time. If the outside temperature is low, precautions should be taken, e.g. by a trusted person who fulfills the heating obligation and turns the heating on when necessary. However, it should be noted that switching the heating on and off frequently, 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 in times of high energy prices really shouldn't 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 the energy supplier's current prices and adjust your heating behavior accordingly or switch providers.
The optimization of the heating system by the landlord, for example through hydraulic balancing, and the insulation of heating pipes can also help owners, tenants and landlords to save costs.
Temperature too low - what to do?
The heating period and the failure to reach a minimum temperature during this period often leads to disputes between tenants and landlords. Conflicts often arise due to differing views on appropriate room temperatures and ambiguities regarding the start and end of the heating period. While many disputing parties refer to the regulation of the heating period, the reality is more complex and requires a differentiated approach. This is because individual temperature perception plays a key role in determining whether a room in the house is considered too cold.
It is therefore advisable to include clear regulations on the heating season in the tenancy agreement in order to avoid misunderstandings from the outset. In the event of persistent disagreements, tenants and landlords should seek a discussion or contact a tenants' association or the property management company to find an amicable solution.
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Heating broken - what to do?
If the heating in the rented apartment is not working, tenants should first inform the landlord/landlady. Ideally, this should be done in writing in order to document the process. It is advisable to carefully document the damage and its effects, for example with photos or temperature logs.
Minor repairs, such as bleeding the heating, can be assigned to the tenants, provided they can be carried out without specialist knowledge or special tools. In the case of major repairs, the landlord/landlady or the property management company must take care of this. If the landlord does not respond or does not repair the damage, tenants have the right to demand a rent reduction.
Heating outside the heating period
For tenants, there is no legal requirement for heating outside the heating period. However, the transitional periods in spring and fall present many tenants with the question of when the heating should be switched on. The problem is that it can be pleasantly warm during the day, especially when the sun is shining, while temperatures often drop into the freezing range at night.
What if the heating breaks down? You are always entitled to a functioning heating system if the outside temperature falls below 16 degrees Celsius or the apartment temperature remains below 18 degrees Celsius for three consecutive days. This information serves as a guideline, as there are no explicit legal regulations. It is therefore not possible to answer the question of whether and from when a rent reduction demanded by the tenant is permissible in this case.
The legal basis for a rent reduction
The legal basis for a rent reduction in the event of defects in the rented property is Section 536 of the German Civil Code (BGB). According to this, tenants have the right to reduce the rent if the rented property has a defect that impairs its suitability for contractual use. A heating failure or inadequate heating performance constitutes such a defect, as it significantly impairs the quality of living.
The exact amount of the rent reduction is not specified by law and depends on the individual circumstances of each case. Factors such as the duration of the heating failure, the outside temperatures and the temperatures in the apartment all play a role. So-called rent reduction tables, which contain a large number of court rulings on similar cases, can serve as a guide.
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Ralph is your modern, digital property management company from Berlin. At Ralph, we take comprehensive care of all matters relating to your community of owners. Do you have questions about the heating period, heating, heating systems and the assumption of costs for repairs or conflicts with tenants? As your property management company, we are happy to take care of it!
If you are not satisfied with your current property management company, this may be a reason to change. Get to know Ralph and request a free quote now. We look forward to hearing from you!
