July 30, 2026, 2:43 pm | Read time: 4 minutes
The sun is blazing, and temperatures are rising. Ideally, your own home should offer protection from the summer heat. However, in top-floor and attic apartments, the thermometer often climbs above 86 degrees Fahrenheit. In some cases, tenants don’t have to simply endure the heat and may be entitled to a rent reduction.
The scorching summer is taking a toll on many people. While fans and air conditioners can provide some relief, they also lead to higher electricity costs. When your home becomes a heat trap, the question arises: What rights do you have as a tenant? Is it even possible to claim a rent reduction due to heat? To find out, myHOMEBOOK spoke with the Munich Tenants’ Association.
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What rights do I have as a tenant in a hot apartment?
High temperatures do not inherently constitute a rental defect. According to a 2004 ruling by the Leipzig District Court, one must expect higher temperatures in an attic or duplex apartment during the summer (Case No. 164 C 6049/04). In new buildings, however, tenants can expect better protection against heat, explains the Munich Tenants’ Association.
Related: Tips to help combat heat in your home
Blinds can be installed, but if you want to attach external shutters to the windows, you need the landlord’s approval. The same applies to an air conditioner. If installing an air conditioner would alter the building’s exterior appearance, you cannot install it without the landlord’s consent according to rental law. Generally, tenants cannot undertake major solutions against the heat without first discussing plans precisely with the landlord.
Can the Landlord Reduce the Heating?
Pests in the House–Is a Rent Reduction Permissible?
Can I reduce my rent due to heat in the apartment?
Courts agree to disagree on this question. Decisions vary depending on the circumstances. There is still no legal regulation on maximum temperatures in apartments. “As a rough guideline, room temperatures of 79 to 82 degrees Fahrenheit during the day are considered the threshold at which a defect and thus the right to a rent reduction may exist,” says the Munich Tenants’ Association.
There is no blanket answer to the question of rent reduction due to heat. According to the Munich Tenants’ Association, the rent can be reduced by up to 20 percent for the affected days if “the heat in the apartment proves to be a rental defect, i.e., consistently more than 82 degrees Fahrenheit.” In 2006, a court ruled in favor of a tenant (Case No. 46 C 108/04). He lived in a south-facing top-floor apartment with a glass front. During the day in summer, the temperature in his apartment exceeded 86 degrees, and at night it was more than 77 degrees. Due to the heat, he was allowed to reduce the rent by 20 percent for one month.
The court’s reasoning was based on material defects. The house’s thermal protection was not up to the latest technical standards at the time of construction. Furthermore, a rental defect exists if the apartment is so strongly heated by the sun and ambient temperatures that the contractually agreed use is no longer possible.
Related: When not to ventilate during heat
A more recent example is the 2022 ruling by the Frankfurt am Main District Court (Case No. 33 C 1355/21). In a high-priced apartment in Frankfurt, temperatures rose to 104 degrees in the summer, prompting the tenant to reduce the rent by 30 percent. The landlord terminated the tenancy and filed an eviction lawsuit. However, the court sided with the tenant and confirmed the rent reduction.
What can tenants do?
To later prove the heat burden, the Munich Tenants’ Association recommends measuring the temperatures daily and documenting on which days they exceed 79 degrees. Tenants should also report the defect in writing to their landlord and initially pay the rent under reservation. “The rent reduction can then be claimed retroactively by reclaiming the reduction amount from the landlord. This eliminates the risk of termination due to payment default,” says the Munich Tenants’ Association in conclusion.
It is important to know that even with very high temperatures in the apartment, you cannot unilaterally reduce the rent. It is more a matter of individual decisions as to whether and to what extent high temperatures are considered a defect in the rental property.