My landlord has set the heating to a maximum of 19 degrees since this winter and says it's necessary because of the energy crisis. But it's noticeably colder in my apartment, especially at night. Can he just do that, or is he required to guarantee a certain temperature?
I've experienced that too at my place - a cold apartment in winter really is unpleasant, especially when you're freezing at night. Legally, your landlord has pretty tight limits here. He has to guarantee you a minimum temperature, and 19 degrees is way too low. The courts see it this way: during the winter months, the heating has to work in such a way that you can reach at least 20-21 degrees during the day - at night it can be somewhat lower, but not extremely. If it gets significantly colder at night in your place, your landlord is violating his maintenance obligation.
What you can actually do: document the actual temperatures in your apartment, preferably daily and in different spots. Then write your landlord a written complaint (letter or email) that the heating isn't functioning adequately and isn't maintaining the temperature. Give him a deadline to fix the defects - usually 1-2 weeks. If nothing changes, you can reduce your rent or, if necessary, withhold the security deposit until the problem is solved. In more serious cases, a tenants' association can also advise you - most cities have one and offer free assistance.
Your landlord can't just do whatever he wants here - there are minimum requirements. The law stipulates that the heating must work in such a way that you can reach at least 20-21 degrees in your apartment (depending on which state you're in). A general reduction to a maximum of 19 degrees violates this, even if the energy crisis is difficult.
What you can do practically: Take some photos with a thermometer (you can get one for 10 euros) at different times of day, especially in the morning when it's coldest in your place. Also document exactly where it's cold in the apartment - corners, windows, specific rooms? You'll need that if you have to bring it up in writing. Send your landlord an email describing specifically that it's below 19 degrees during the day at your place, and ask him to check it - often it's just a radiator that's set wrong or the heat isn't being distributed properly.
Under rental law, you're entitled to receive a habitable apartment, and that includes adequate heating - the others are right about that, but the exact threshold is a bit more flexible than people usually think 🤔 It's not about rigid 20 or 21 degrees, but rather that the heating system works in a way that lets you regulate the temperature yourself and prevents unhealthy cold from developing. If your landlord technically throttles the heating so you can't turn it up at all, that's legally problematic - that would be more his responsibility to maintain the heating system properly. I'd recommend documenting in writing what temperatures you're actually measuring (several times a day, different rooms) and giving your landlord a deadline to fix it. In the worst case, this could lead to rent reduction.
Log into answer.
