Small Repairs: Receipts & Deadlines for Tenants in Germany

As a tenant in Germany it is important to document small repairs and resulting claims carefully. This text explains which documents, photos and receipts you should collect, which deadlines to observe and how to check rent claims or deductions. You will learn in practical terms when a landlord may charge small repairs, how to date evidence photos correctly and what to do if there is a dispute. I explain simple steps for collecting invoices, date stamps and witness statements as well as the authorities and courts that are responsible in serious cases. At the end you will find links to official forms and contact points at the local court.

Which documents and photo-evidence you should collect

Receipts increase your evidentiary strength. Collect all documents systematically and secure digital copies with dates. Note who was informed when and keep original invoices.

• Photos with date (photo) of the damage: wide and close-up shots, detail shots of the cause.
• Written defect notice to the landlord (notice) with date and request to set a deadline.
• Delivery confirmations or read receipts by e-mail (record) or registered mail with proof of delivery.
• Invoices, receipts and cost estimates (receipt) from tradespeople.
• Notes of conversations: date, name of contact person, content of the conversation (call).

Deadlines and formalities

Deadlines are crucial: report defects promptly in writing and give the landlord a reasonable period to remedy them. For rent reduction and cost deductions, the rules in the BGB apply, in particular regarding landlord obligations and the right to reduce rent^[1]. Keep deadline proofs (e-mail, delivery receipts) and respond within set timeframes.

What to do if there is a dispute

If there is a dispute, continue to document every communication and keep copies of all evidence. Many tenancy disputes are heard at the local court; procedural rules and paths are governed by the ZPO^[2]. Decisions of higher courts (e.g. the BGH) can be relevant for fundamental legal questions^[3]. If you consider legal advice, bring your complete evidence folder.

FAQ

Who pays for small repairs?

Whether the tenant must pay depends on the validity of a small repair clause in the lease and the amount of the repair costs; check the contract and document the invoice.

What should a defect notice look like?

A defect notice should describe what is damaged, include photos, state a deadline for remedy and indicate the desired response; send it in writing or by e-mail with read receipt.

Can I hire a tradesperson myself?

Only with the landlord's prior consent, unless there is an acute danger or the landlord does not react within a reasonable deadline.

How-To

1. Photograph the damage several times (photo) and save files with date and time.
2. Send a written defect notice (notice) to the landlord and set a clear deadline.
3. Keep invoices and cost estimates (receipt) in original and as a scan.
4. If no agreement is possible, find the competent local court and, if necessary, file a claim.

Help and Support

• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Zivilprozessordnung (ZPO) — Gesetze im Internet
• Bundesgerichtshof (BGH)

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB) §§ 535–536
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH)