Boiler Maintenance Duty: Tenants' Rights in Germany

Many tenants in Germany are unsure who is responsible for boiler maintenance and which records must appear in a service protocol. This article explains in plain language when boiler maintenance can be mandatory, which information belongs in a maintenance protocol and how tenants should collect records safely. You will learn which provisions of the BGB set out relevant duties, when costs can be passed to the tenant, and how to act if the landlord refuses maintenance or demands payment. The guide is aimed at tenants without legal training and includes practical steps, sample texts and information on authorities and courts in Germany. You will also find forms and guidance about the competent local courts.

What does boiler maintenance duty mean?

A boiler maintenance duty describes whether and to what extent regular checks, cleaning or replacement of boiler components must take place. In principle, the German Civil Code (BGB) regulates the landlord's obligation to maintain the rented property and the duty to keep the apartment in an agreed condition^[1]. Whether specific maintenance work can be charged to the tenant depends on contract terms and applicable regulations.

Who pays and who documents?

In many cases the landlord is responsible for upkeep. Contract clauses may specify which tasks the tenant must perform (e.g. basic maintenance or cleaning filters). Heating and operating cost regulations can affect cost allocation; therefore check your lease and the relevant regulations^[3].

• Gather all maintenance protocols, invoices and photos as evidence.
• Request a written protocol when the technician attended or work was carried out.
• Record dates and deadlines (date of maintenance, deadline for remedial action).
• In disputes note that local courts (Amtsgerichte) are competent for many tenancy cases.

What makes an informative maintenance protocol?

A good protocol contains at minimum: date, technician name and company stamp, specific work carried out, measured values (e.g. pressure, exhaust values) and notes on defects. If such data are missing, request additional information in writing.

Common disputes and solutions

Typical problems include: landlord refuses to provide a protocol, charging the tenant for maintenance without contractual basis, or missing recurring maintenance. First, demand written access to existing protocols and send a defect notice with a deadline. If there is no response, consider involving the local court; procedural rules are found in the Code of Civil Procedure (ZPO)^[2].

Practical sample texts and phrasing help

Here is a short sample text for a defect notice to the landlord: "Dear Mr/Ms X, please send me the maintenance protocol for the boiler dated [date]. I also request that you carry out the missing maintenance by [deadline]. Sincerely." Use registered mail or email with delivery/read receipts to have proof.

FAQ

Who has to pay for boiler maintenance?

It depends on the lease and the nature of the maintenance; generally the landlord is responsible for upkeep unless contractually agreed otherwise.

Is a verbal notice about maintenance sufficient?

No. Always request a written protocol or invoice so you have evidence.

What can I do if the landlord does not respond?

Send a written defect notice with a reasonable deadline. If no resolution is reached, notify the competent local court (Amtsgericht) or seek legal advice.

How-To

1. Collect all existing protocols, invoices and photos.
2. Write a formal defect notice to the landlord and request a protocol.
3. Set a clear deadline for remedial action (e.g. 14 days).
4. If necessary, prepare documents for filing a claim at the local court.

Help and Support / Resources

• German Civil Code (BGB) – § 535
• Code of Civil Procedure (ZPO) – Procedural rules
• Federal Court of Justice (BGH) – Decisions

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1. [1] German Civil Code (BGB) – § 535
2. [2] Code of Civil Procedure (ZPO) – Procedural rules
3. [3] Heating Costs Ordinance (HeizKV)