Apartment too hot – tenants' rights

(dmb) A rise in temperature in the apartment during the summer is not generally considered a defect, even in an attic apartment. However, if the apartment becomes unbearably hot during the summer months, this may be grounds for termination of the lease and give rise to claims for compensation (Constitutional Court of the State of Berlin 40/06) or justify a rent reduction (Hamburg District Court 46 C 108/04).

According to the German Tenants' Association (DMB), an attic apartment in Berlin heated up to 46 degrees Celsius in the summer. The temperature differences between inside and outside were up to 19 degrees, but at least 10 degrees Celsius. Normal living was impossible, wax candles melted in the apartment, plants died and the budgie suffered heatstroke. In this case, termination without notice and, if applicable, claims for damages should be possible.

Tenants of an upper-floor apartment in Hamburg complained that summer temperatures were 30 degrees during the day and still above 25 degrees Celsius at night. Even hours of ventilation did not help. The court assumed that the thermal insulation was inadequate and granted the tenants a 20 percent rent reduction for the high-priced, well-equipped new-build apartment. At the same time, according to the German Tenants' Association, landlords must ensure that summer thermal insulation complies with the rules of technology.