Boiler Maintenance Duties: Tenant Rights Germany

As a tenant in Germany, you often face questions about boiler maintenance: who pays for inspections and servicing, can the landlord demand access, and how do you resist unjustified claims? This article explains in plain language what duties landlords have under the BGB, when costs qualify as operating costs and which deadlines apply for reporting defects. You will get practical steps for documentation, a sample defect notice and guidance on when rent reduction or going to the local court may be appropriate. The aim is to empower you to properly defend claims and to enforce your rights in Germany with confidence.

Rights and duties for boiler maintenance

Landlords are obliged under the BGB to keep the heating system in working order.^[1] Maintenance duties can be contractually regulated, but blanket shifting of costs to tenants is only allowed in narrow cases. Record all appointments and agreements in writing with date and time.

Costs and billing

Whether boiler maintenance costs can be passed on as operating costs depends on the lease agreement and the heating costs regulation.^[2] You can refuse blanket demands without proof; request a detailed breakdown.

• Who is supposed to pay for maintenance and why?
• Request a copy of the invoice and the maintenance report.
• Check whether costs are allocable as operating costs.

Access, appointments and safety

Landlords may generally request access to the apartment for maintenance after prior notice. Agree on reasonable appointments and insist on a companion if necessary. If access is disputed, the local court can decide.^[3]

• Appointments must be announced in good time.
• Arrange times that suit you.
• Insist on proof of the maintenance company and a protocol.

How to

1. Report defects in writing (email or registered letter) with date, description and photos.
2. Set a reasonable deadline for the landlord to remedy the issue (e.g. 14 days).
3. Collect evidence: photos, invoices and all communications.
4. Consider rent reduction if the defect persists and notify in writing.
5. If necessary: consider filing suit at the local court or seek legal advice.

FAQ

Do I as a tenant have to pay for boiler maintenance?

Not automatically. It depends on the lease and proof whether costs are allocable. Check documents and request invoices.^[1]

Can the landlord enter the apartment without notice?

No. Usually the landlord must give prior notice and arrange an appointment; exceptions exist for imminent danger.

When can I reduce the rent because of a faulty heating?

If heating function is significantly impaired, a rent reduction may be possible. Documentation and deadlines are prerequisites.

Help and Support / Resources

• German Civil Code (BGB) — Gesetze im Internet
• Heating Costs Regulation — Gesetze im Internet
• Information on local courts and jurisdiction — Justiz

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Gesetze im Internet: Heizkostenverordnung
3. [3] Justiz: Local courts and jurisdiction