October 10, 2022, 9:05 am | Read time: 3 minutes
Germany is in the midst of an energy crisis. The top priority right now is to reduce energy consumption as much as possible and save costs. But how far can landlords go in this regard? Can they lower their tenants’ heating?
Energy costs in Germany continue to rise, and everything is becoming more expensive. To prevent gas shortages over the winter, the federal government has regulated energy consumption. In public buildings, room temperatures must not exceed 19 degrees Celsius. But what about private apartments? Are landlords also allowed to lower the heating to save costs and energy? myHOMEBOOK inquired.
How far can landlords go with heating?
Due to the energy crisis, the federal government has re-regulated workplace temperatures until the end of February 2023. To avoid energy supply shortages during the heating period, private companies are allowed to lower the heating. In public spaces, heating must be minimized.
However, the situation is quite different for rental apartments–landlords cannot simply lower the heating. “Landlords must still set the heating so that a minimum temperature of 20 to 22 degrees Celsius can be reached during the day–from 6 a.m. to 11 p.m.,” explains Angela Lutz-Plank, managing director of the DMB Mieterverein München e.V. to myHOMEBOOK.
A nighttime reduction between 11 p.m. and 6 a.m. is allowed. “Depending on the insulation of the house, it gets cold at different rates in the living spaces at night. The landlord must ensure that the temperature does not fall below 17 to 18 degrees Celsius at night. These limits apply regardless of what the lease states,” says Lutz-Plank. Tenants, therefore, do not need to worry about landlords lowering the heating too much.
What can tenants do if the heating remains cold?
If the heating remains cold, you should first contact your landlord and ask them to fix the issue. It’s best to set a reasonable deadline–in winter, this is a few working days.
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When can you reduce the rent?
If the landlord does not address the heating issue within the specified timeframe, tenants can retroactively reduce their rent from the first day. The amount of the rent reduction depends on the restricted, contractual use of the apartment. “Those who want to be cautious can initially pay their rent under reservation. However, the tenant should already announce this in writing in the defect notice,” advises Michaela Rassat, a lawyer at ERGO Rechtsschutz Leistungs-GmbH. If the landlord does not agree to refund the reserved portion of the rent after a few months, the tenant can sue for the amount.
Note: Before deciding on a rent reduction, you should consult a rental law attorney. If the rent reduction is too high or unjustified, the tenant may face eviction. If the heating remains cold, tenants should also measure both the outside temperature and the temperature in the relevant room and document it along with the timeframe.
Also interesting: Can the rent be increased after a heating system replacement?
Tenants can save energy themselves
Due to the current energy crisis, the federal government has temporarily suspended the minimum temperatures specified in rental agreements. If such a temperature is stated in the lease, this regulation is currently suspended until the end of February 2023. This means tenants can currently heat less to save energy and reduce costs.
“However, tenants should also be cautious when saving energy: Tenants have the duty to heat and ventilate adequately to prevent damage, such as mold,” says Lutz-Plank from the DMB. Tenants do not currently have to heat to a specified minimum temperature.