A court decides that the supply of warm water is essential. The landlord is therefore not allowed to simply turn off the gas and hot water supply to the residents - even if he would like to do so in view of rising energy prices.
An apartment owner must not simply turn off the gas and thus the hot water supply to his tenants, citing rising energy prices. In a decision published on Friday, the Frankfurt Administrative Court stated that the supply of hot water is one of the minimum standards for decent living in Germany. The owner is also "not entitled to unilaterally and in a manner patronizing his tenants stop the gas-based hot water supply" (Az.: 8 L 1907/22.F).
The administrative court thus followed the argumentation of the city of Frankfurt am Main and rejected the urgent application of the house co-owner, with which he had turned against an order of the city under the housing supervision law.
The plaintiff, who owns several apartments in a house, cut off the gas supply there at the end of June, citing the supply bottlenecks and gas price increases caused by the war in Ukraine. He also wants to protect his tenants from rising gas costs. He also considered it reasonable for the tenants to prepare hot water for their daily needs in the kitchen themselves. The heating of the apartments in the coming winter could also be done with electric heaters, he argued. A supply of hot water is not specified in the lease.
However, the housing office of the city of Frankfurt saw things differently and, following complaints from an elderly resident in need of care, ordered that the gas supply be restored within a week. According to the authority, the supply of rental apartments is urgent and urgent, especially in the warm season. The supply of hot water is of considerable importance for personal hygiene and is a basic requirement for healthy living.
With its decision, the court follows this line of reasoning. From the point of view of the court, the landlord arbitrarily lowered a previously absolutely usual standard of living. The supply of hot water is one of the standards that an owner of a property with rental apartments must comply with according to the Housing Supervision Act. In this context, the court pointed out that the tenants bear the costs for hot water supply and heating through advance payments, which are ultimately based on a year-end statement from the landlord.
The District Court of Frankfurt am Main had already issued an injunction against the applicant to protect the tenant. The apartment owner can lodge a complaint against the decision at the Hessian Administrative Court in Kassel.
