Landlord turns off hot water

If the tenant comes with the rent or the payment of extra costs in arrears, the landlord can do that Tenancy terminate without notice (§§ 543 II a, b, 569 III a BGB). The tenant must move out immediately. At most, a transition period of one to two weeks is allowed.

Landlord must be able to terminate in the event of default in payment

• If the landlord turns off the hot water, he has a solid reason. This can actually only consist in the fact that you as the tenant are in arrears. If this is not the case, the landlord himself is acting contrary to the contract and impairs the possibility of using your apartment. Then you can reduce the rent and, if necessary, cancel it yourself without notice.
• If the landlord turns off the hot water, clarify in advance to what extent you are in default of payment. This requires that your arrears have reached at least the amount of one month's rent. If this is not the case, the landlord cannot cancel without notice and may not turn off the hot water, as you are still on the right side.
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• If your landlord asserts an additional claim from an ancillary cost statement, he may under no circumstances terminate you without notice, but must sue for the amount in court. Accordingly, he is not allowed to turn off the hot water.

Hot water is an upfront service that generates costs

• However, if the landlord can terminate without notice, he is also entitled to turn off the hot water for you (AG Waldshut-Tiengen, decision v. 07/06/2009 - 7 C 131/09).


Receive notice of termination for the apartment - this is how you use your last chance

If you have received notice of termination for your apartment, you have ...

• After all, he has to submit to energy consumption and you risk continuing to do so energy consume and he is ultimately left with the costs. They would also have no way of having the warm water heating restored in the context of an injunction at the court. In this respect, the landlord is granted a right of retention.

Everything revolves around the balancing of interests

• Because the landlord turns off the hot water and you heater and still allows electricity, the balancing of interests turns out to be all the more in favor of the landlord.
• Since you are obviously in financial difficulties in such a case, you should apply for help from the social welfare office. If necessary, the landlord can also talk to him about the arrears by way of a payment agreement.