Boiler Maintenance: Tenant Duties in Germany
As a tenant in Germany, it is important to know who is responsible for boiler maintenance and how to document evidence securely. Regular maintenance ensures the heating system functions, prevents damage, and may affect operating costs. Tenants should know which duties typically lie with the landlord, when they must act themselves, and how photo evidence can prove deadlines, appointments, and performed measures. This text explains practically and understandably how to prove maintenance appointments, what information photos should contain, and which steps make sense in case of disagreements. Notes on relevant legal bases, competent courts and official assistance in Germany help you assert rights confidently and prepare disputes.
Who is responsible?
The Civil Code (BGB) fundamentally regulates landlord and tenant duties. Many maintenance and repair obligations lie with the landlord, while the tenant remains responsible for ongoing care and safe use of the appliance.[1]
Important duties and practical steps
- Have boiler maintenance carried out regularly or present maintenance records.
- Create photo evidence: document date, time and visible appliance condition.
- Send a written defect notice to the landlord if malfunctions occur.
- Allow access for specialist companies when contractually or legally required.
Photo evidence: How and what to document
Good photo evidence is clear, dated and shows the condition of the boiler before and after work. Store photos chronologically and add short text notes with date, time and name of the performing company or person.
- Show date and time, e.g. camera timestamp or note in the file name.
- Take detail shots of the type plate, serial number and visible defects.
- Keep work reports from the heating company and link them to the photos.
- If possible, note the name and contact details of the maintenance company.
What to do in case of disagreements?
If landlord and tenant disagree about responsibilities or the execution of maintenance, concrete documentation helps: photos, appointments, invoices and correspondence. Rules of the Code of Civil Procedure (ZPO) apply to actions such as eviction suits, with local district courts as the first instance.[2] For fundamental legal questions and precedents, the Federal Court of Justice (BGH) decides.[3]
FAQ
- Who must pay for boiler maintenance?
- It depends on the lease and legal duties; often the landlord bears the costs for regular maintenance.
- Are photos sufficient as evidence?
- Photos are strong evidence if date, time and identifiable defects are documented.
- What if the landlord does not respond?
- Send a written reminder, set a deadline and consider legal steps or court action.
How-To
- Arrange a maintenance appointment and note date and time.
- Take on-site photos of the type plate, meter readings and visible damage.
- Record the maintenance company report and save it with the photos.
- If obligations are not met, set a deadline and prepare possible legal action.
Key takeaways
- Responsibilities depend on the lease and the BGB.
- Photo evidence should include date, time and clear detail shots.
- Written proof and deadlines are important before court steps.
Help and Support
- Gesetze im Internet – BGB and other laws
- Gesetze im Internet – Code of Civil Procedure (ZPO)
- Federal Court of Justice (BGH) – Decisions
