Documenting Minor Repairs: Tenants in Germany

Tenants in Germany often face the question whether wear and small repairs are their responsibility and how to prove such minor repairs. This article explains clearly which works are typically considered minor repairs, what duties landlords and tenants have, and how you can use photos, dates and the handover protocol to secure claims. I also describe practical steps for inspections, deadlines and how to phrase defect notices correctly. The goal is that you as a tenant know your rights, avoid disputes or are prepared for legal advice. Examples and notes on official forms and courts help with concrete steps. The guidance is practical and aligned with German law. Read on for checklists and sample wordings.

What are minor repairs?

Minor repairs are small maintenance tasks such as painting, wallpapering or replacing socket covers. The legal classification depends on the rental agreement and the law, in particular the provisions of the BGB on tenancy agreements and maintenance ^[1]. Courts assess individual cases and clauses in rental contracts individually.

• Painting living rooms after normal wear
• Replacing small fixtures or covers
• Repairing minor, localized damage caused by the occupant

How to document repairs

Good documentation is crucial: photos with timestamps, written defect notices and a detailed handover protocol reduce disputes. Document condition, location and extent of the damage and store receipts securely.

• Take photos with date and time and back them up in multiple locations
• Send a written defect notice by registered mail or email with delivery confirmation
• Note deadlines: when landlords must respond and by when you may have repairs done yourself

For move-in and move-out, the handover protocol is the central document: describe each room, list defects and have both parties sign the protocol.

If the landlord asserts claims

Landlords may demand additional payments or compensation if they consider repair needs caused by the tenant. Respond in writing, present your documentation and ask for a detailed calculation. For terminations or formal claims there are sample texts and guidance, such as sample termination letters or forms from the Federal Ministry of Justice ^[3].

Which authority or court is responsible?

Rental law disputes are usually dealt with by local courts (Amtsgerichte); appeals go to regional courts and possibly the Federal Court of Justice ^[2]. Proceedings follow the rules of the Code of Civil Procedure (ZPO).

FAQ

Do tenants always have to pay for minor repairs?

Not automatically; it depends on the rental agreement, statutory limitations on form clauses and the specific wear. Some clauses are invalid.

How quickly must I report defects?

Report defects immediately in writing; as for deadlines: the earlier, the better, specific legal time limits depend on the case.

Which evidence is most important?

Photos with dates, the signed handover protocol, emails or registered letters and contractor invoices are key evidence.

How-To

1. Photograph all relevant damage with date and description.
2. Send a written defect notice to the landlord and request repair or a statement.
3. Record deadlines and remind the landlord if there is no response.
4. Document any necessary emergency measures and keep invoices.
5. If the dispute continues, file a claim at the competent local court and bring all documents.

Key Takeaways

• Photos and a signed handover protocol are the strongest evidence.
• Use written defect notices with delivery confirmation.

Help and Support

• BGB: Law on tenancy and landlord/tenant duties
• Federal Court of Justice (BGH) - official site
• Federal Ministry of Justice - forms and service

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Bundesgerichtshof (BGH) - Official Website
3. [3] Federal Ministry of Justice - Forms and Service