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Heating causes problems: When is a rent reduction possible?

2024-01-19T17:27:04.446Z

Highlights: Heating causes problems: When is a rent reduction possible?. As of: January 19, 2024, 6:15 p.m By: Anne Hund CommentsPressSplit Many rental agreements specify a heating period. But what if it suddenly doesn't get really warm in the apartment anymore? Heating is typically done in the cool season. Since there is no legal regulation regarding the length of the heating period, what is stated in the rental agreement applies. Tenants should be able to heat up to 20 to 22 degrees Celsius – at least between 6 a.m. and 11 p. m.



As of: January 19, 2024, 6:15 p.m

By: Anne Hund

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Press

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Many rental agreements specify a heating period.

But what if it suddenly doesn't get really warm in the apartment anymore?

Heating is typically done in the cool season.

Since there is no legal regulation regarding the length of the heating period, what is stated in the rental agreement applies.

The Munich tenants' association had already pointed this out at the start of the heating season.

Many rental agreements specify a heating period that begins on October 1st and ends on April 30th.

Heating season: What tenants should know

From the beginning of the heating season, landlords must enable heating, it goes on to say.

Tenants should be able to heat up to 20 to 22 degrees Celsius – at least between 6 a.m. and 11 p.m.

“If this is not the case, there is a defect and the tenant can reduce his rent,” said Angela Lutz-Plank, managing director of the Munich Tenants Association, according to the announcement (as of October 17th).

If the usability of the apartment is restricted, this could be a reason for a rent reduction - but it depends on the details.

© CHROMORANGE/Imago

At night - after the night reduction - temperatures of 18 degrees are sufficient, the Munich tenants' association also explained at the time.

“Night reduction does not mean that the temperature of the hot water supply can also be reduced.

There has to be hot water around the clock,” says Lutz-Plank.

Here, a water temperature of 45 degrees is considered normal in the bathroom and kitchen, explains the tenants' association.

It shouldn't take too long for the warm water to come out - you should be able to take a warm shower after ten seconds at the latest.

“If that is not the case, there is also a defect that entitles a rent reduction,” said Lutz-Plank, according to the announcement.

Rent reduction an option?

“But we advise against simply reducing the rent,” she emphasized.

“The landlord must first be made aware of the defect and asked to remedy it.

Tenants should also state that they will only pay the rent conditionally.

Then they can retroactively demand back the overpaid rent when the heating and hot water are working again." Because if you accidentally reduce the rent too much, you could - according to the tenants' association - possibly even find a notice of termination in the mailbox.

The situation is not always easy to assess legally.

How high a rent reduction is in the event of a hot water failure or a non-functioning heating system in an individual case depends on the extent of the impairment caused by the defect, as the insurer

Arag

explains on its website, for example.

“It also depends on how long the outage lasts, whether it takes place in the summer or winter months and whether it only affects certain rooms or even the entire apartment.”

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 If the radiator doesn't get warm, it can help to bleed the heater.

Source: merkur

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