Boiler Maintenance Checklist for Tenants in Germany
As a tenant in Germany it is important to know who is responsible for regular boiler maintenance and how you can prove obligations with photo evidence. This checklist explains clearly which maintenance intervals are common, which proofs landlords or tenants may require, which forms and deadlines to observe and how to document damage. You will receive practical steps for creating photo evidence, communicating with the landlord and acting in case of disputes, including notes on authorities and courts. The information helps you better assess cost coverage, liability and legal steps and to enforce your rights as a tenant more securely. At the end you will find a short guide on how to proceed in court and links to official forms.
What governs the boiler maintenance duty?
The duty for maintenance and operation of the heating system depends on contractual agreements and the landlord's legal obligations under tenancy law (BGB). Landlords must keep the rented property in a condition suitable for use; this results in concrete obligations to maintain the boiler and remedy defects.[1]
Checklist: Boiler maintenance and photo evidence
- Make photo evidence (photo): date, time, visible defect, boiler serial number.
- Note deadlines: maintenance appointment, landlord response period, defect notification deadlines.
- Document costs (payment): offers, invoices and who covers the costs.
- Send a written defect notification: date, deadline and a concrete request to remedy the defect.
How to take photos correctly
Photos should be sharp, dated and easily describable. Take overall shots of the boiler, close-ups of the defect, and photograph the type plate or serial number. Add a short written description to the images and keep the original files unchanged.
Who pays?
In principle, the landlord bears the costs for maintenance and repairs unless the rental agreement stipulates otherwise. Minor repair clauses are possible but must be valid and reasonable. Check the lease and record if the landlord does not meet maintenance appointments.
Forms and deadlines
There is no federal mandatory form for a defect notification, but a written notice with a set deadline is important. In court disputes you will use the complaint at the competent local court; the procedure is governed by the ZPO.[2]
If a dispute arises
First try an amicable solution: written defect notice, set a deadline to remedy the defect, wait the deadline and then possibly reduce rent or commission a repair with cost evidence. If necessary, file a claim at the local court; appeals go to the regional court and fundamental issues to the Federal Court of Justice.[3]
Frequently Asked Questions
- Who is responsible for boiler maintenance?
- Usually the landlord, unless the rental agreement validly assigns the duty to the tenant.
- How do I document defects correctly?
- Write a defect notification, attach dated photos, and send the notice with proof of delivery (registered mail or email with read receipt).
- Can I reduce the rent?
- Yes, for significant impairments rent reduction is possible; check scope and deadlines and document the defect carefully.
How-To
- Create photo documentation: several angles, type plate, date and time.
- Prepare a written defect notification: describe the defect, set a deadline and secure proof of dispatch.
- Collect invoices and offers: gather quotes and cost estimates and keep receipts safe.
- Take legal action if necessary: file a claim at the competent local court or seek legal advice.
Help and support
- Hotline for tenancy questions at the local court or court registry (contact details at the competent local court).
- Forms & guidance (Federal Ministry of Justice and Consumer Protection): official guidance and forms.
- Laws online: BGB §§535–580a on rent and maintenance.
