Not turning on the heating at all in winter to save money? Why this isn’t a good idea


In Germany there is no heating obligation, the German Tenants’ Association makes it clear. Rental contract clauses, according to which, for example, a temperature of at least 18 degrees Celsius must be guaranteed between 8:00 a.m. and 9:00 p.m. are legally ineffective. It is all the more astonishing that in the regulation to secure the energy supply via short-term measures that apply to winter 2022/2023, under measures to save energy in private households, the following paragraph can be found:

“The validity of an agreement in a rental contract for living space, according to which the tenant has to ensure a minimum temperature through his own actions, is suspended for the period of validity of the regulation. An obligation of the tenant that is not based on a contractual agreement suspended according to sentence 1 remains unaffected by this regulation. This includes in particular the obligation of the tenant to prevent damage to the rented property through appropriate heating and ventilation behavior“.

Translated, this means that clauses in rental contracts, according to which you must, for example, maintain a room temperature of 18 to 22 degrees Celsius in winter, no longer apply. According to the tenants’ association, such clauses are ineffective anyway, even without the currently applicable regulation. Either way, your landlord cannot force you to maintain a certain minimum temperature in the apartment or to heat it every day.



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