Boiler Maintenance: Tenant Duties in Germany

Many tenants in Germany face questions when it comes to boiler maintenance, photo evidence and their obligations towards the landlord. This article explains in plain language which tasks typically belong to boiler maintenance, how photos help as evidence and when you should send a written defect notice or set a deadline. You will receive practical steps, suggested wording for letters to the landlord and guidance on which courts are responsible. At the end you will find a short step-by-step guide, an FAQ and links to official authorities. If you are unsure, note the date and time of each maintenance and send proof by registered mail.

What does boiler maintenance regulate?

Boiler maintenance concerns the safety and usability of the heating system. Basically, the landlord is obliged to maintain the rental property in a proper condition; from this follow duties and responsibilities for functional heating systems according to the Civil Code (BGB).^[1] In practice, landlords and tenants often agree on regular maintenance arrangements. Pay attention to agreements in the rental contract and to official maintenance intervals.

Photo evidence: what to document and how to store it

Photos and reports help to prove defects and maintenance conditions. Collect date, time and short descriptions of the observation systematically.

• Take photos on site (photo) and document at least three perspectives.
• Photograph visible damage, error messages and meter readings (evidence).
• Save maintenance reports or invoices as PDFs (form) and store them securely.

Typical duties and costs

Check whether the rental contract contains specific agreements on boiler maintenance. Often small inspections or routine checks are transferred to the tenant, while larger functional repairs remain the landlord's responsibility. In addition, heating cost accounting is governed by the Heating Costs Ordinance.^[2]

• Costs for mere documentation or operation are rarely charged to the tenant.
• Repairs to safety-relevant parts are usually the landlord's responsibility (repair).

If the landlord does not respond

If the landlord remains inactive despite a defect report, the following steps are advisable: send a written notification with a deadline, possibly reduce rent or hire a specialist with reservation of costs. Document every communication.

• Send a written defect notice by registered mail (form).
• Set a reasonable deadline (time), e.g. 14 days for remedy.
• If no solution is found, consider bringing an action at the competent local court (court).^[3]

FAQ

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

That depends on the rental agreement. Safety-related repairs are generally borne by the landlord; small operational tasks can be contractually regulated. For statutory basic duties see the Civil Code (BGB).^[1]

2. Are photos sufficient as evidence for a defect?

Yes, clearly dated photos with a short description are strong evidence. Supplement photos with a written defect notice and copies of receipts.

3. Where can I turn if the landlord does not help?

Start with a written deadline. If the dispute continues, the competent local court (Amtsgericht) is the right place to file a claim; consider legal advice first.

How-To

1. Take photos and notes (photo): record date, time and error message.
2. Inform the landlord in writing (form) and set a clear deadline, e.g. 14 days.
3. If the defect remains, announce rent reduction or remedial action (time).
4. If there is still no response: file a claim at the competent local court (court).^[3]

Help and Support / Resources

• Local court / BGH - court responsibilities and information
• Civil Code (BGB) - §§ 535 ff. Tenancy law
• Heating Costs Ordinance (HeizKV)

1. [1] Civil Code (BGB) - §§ 535–580a - gesetze-im-internet.de
2. [2] Heating Costs Ordinance (HeizKV) - gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) - bundesgerichtshof.de