Turn down the heating: are landlords allowed to do that? New regulation affects rental contracts

While the temperatures outside drop, it rises tenants the worry that they might have to shiver in a cold apartment in the fall and winter. A new regulation on energy supply, which has been in force since September 1, 2022, also has an impact on rental contracts. But can landlord so that in the future, simply turn down the heating and with it the minimum temperature screw?

Behind the awkward name “Ordinance on securing the energy supply through short-term measures” (EnSikuMaV) has a regulation that is initially set to be valid for six months, i.e. until February 28, 2023. The regulation was created in response to the current energy crisis and a possible gas shortage, but in fact it hardly changes for tenants some. Also with regard to the fear that landlords could die minimum temperature throttle, the all-clear can be given.

Heating in the apartment: are landlords allowed to change the minimum temperature?

The same applies to tenants: you have to heat and ventilatethat no damage occurs in the apartment, for example through mold growth. Is written in rental contract already a clause according to which tenants have to heat the apartment to a certain minimum temperature during the heating period damage in the apartment, this is temporarily suspended by the new regulation. the heating season lasts from October 1st to April 30th.

However, tenants are still obliged to avoid damage in the apartment, even if they no longer turn up the heating to save energy as much as in previous years. An official legal heating obligation does not exist in Germany. For landlords, the new ordinance means: They may not lower the minimum temperature.

the central heating must continue to provide minimum temperatures between 20 and 22 degrees during the day, at night between midnight and 6 a.m., on the other hand, 18 degrees is sufficient, the German Tenants’ Association informs. However, if it is colder in the apartment, tenants can due to a so-called housing shortage demand a rent reduction until the heating is turned up again.

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