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Tenants beware: Heat lowers the rent – this is how it works!
Find out how tenants in Germany can claim rent reductions in hot weather and what rules apply.
Tenants beware: Heat lowers the rent – this is how it works!
The extreme summer heat has increasingly caused discussions among tenants in Germany in recent years. Those affected are increasingly wondering whether they can claim a rent reduction when temperatures in their apartments are high. T-Online reports, that in certain circumstances it is possible to reduce the rent if the temperatures in the apartment are unreasonably high.
In individual cases, courts have decided differently whether and to what extent a rent reduction is justified. A few factors are crucial: Landlords are obliged to ensure adequate thermal protection, but it is often not possible to completely rule out extreme temperatures. A rough guideline is that a rent reduction can be considered at temperatures between 26 and 28 degrees Celsius.
Decisions on a case-by-case basis and temperature measurement
The actual circumstances of the apartment play an important role. Higher temperatures are to be expected particularly in attic apartments or old buildings, where the heat development is often more intense. The Munich Tenants Association states that large window areas in particular have an influence on heat development.
If the room temperature is permanently above 28 degrees Celsius, the rent reduction can be up to 20 percent for the affected days. However, it should be noted that any rent reduction can always be derived on a case-by-case basis and not across the board. The severity of the heat and the number of days affected are crucial.
Documentation and information for the landlord
In order to enforce the rent reduction, tenants are required to measure temperatures daily and document them carefully. This is necessary to prove that the limit values have been exceeded. Furthermore, tenants must inform their landlords in writing about the defect and pay the rent conditionally in order to avoid legal problems.
Another important aspect is that tenants can retroactively claim back the excess rent. This serves to protect against a possible risk of termination due to late payment. Timely action and correct documentation of temperatures are therefore very important for tenants.