If the landlord does not pay: water and warmth in danger!

If the landlord does not pay: water and warmth in danger!

In many communities, it becomes increasingly a problem: if landlords do not meet their obligations, it often gets stuck on the tenants. A critical issue that hits high waves in cities such as Löbau and Olbersdorf is the parking of water and heat. Here, cases are increasingly known in which landlords from Israel irregularly forward their discounts for drinking water and heat supply to the supply companies. This does not without consequences, as reported sächsische.de. Passion of water and heat are an existential threat to many tenants.

The Stadtwerke Löbau, together with supply companies in Hoyerswerda and the Zittau municipal utility company, spoke of individual cases, while the Stadtwerke Niesky and Görlitz have never had to go to lock. Nevertheless, drinking water suppliers were threatened 132 times by drinking water suppliers in 2024, which actually led to the lock in 29 cases. Smaller rental objects with one or two residential units are usually particularly affected, larger apartment blocks are usually spared.

rights and obligations of the tenants and landlords

In Germany, the landlord is legally obliged to provide its tenants through continuous supply of electricity, heat and drinking water. This is clearly anchored in tenancy law, as law firm Finkenzeller explains. A deviation from this obligation must be expressly stated in the rental agreement. In the event of violations, the tenant can even stop the landlord in court to restore the care.

It is particularly explosive that a landlord must not hire the supply when the tenant is delayed by the tenant. A right of retention is not applicable because pension benefits cannot be made up for. Even if the tenant falls behind, the landlord remains obliged to maintain the pension benefits. This also applies if the tenancy has ended as long as the circumstances require how often it has been decided in court. In a legal dispute over the effectiveness of a termination, the landlord is also encouraged to maintain the supply until clarification.

What does this mean for affected tenants?

For tenants who are affected by an unjustified supply lock, there are some claims. [Canzlei Herfurtner indicates] (https://kanzlei-herfurtner.de/versorgungsperre- through-den-vermieter/)) that in such a case, tenants have the right to further care and, if necessary, also require rental reductions or compensation if they have additional costs for meals or temporary accommodation. An unjustified setting can certainly result in legal consequences for the landlord.

The legal basis for the regulation of the supply obligations can be found in the Civil Code (BGB), in particular in the paragraphs §§ 535, 273 and 320. In cases of outstanding rent payments, a pension lock can be permitted under certain conditions, but only if the tenant is considerably behind and an appropriate period was set.