Assess Small Repair Limits for Tenants in Germany

As a tenant in Germany, the handover protocol is an important piece of evidence when it comes to small repairs and their limits. This article explains how to realistically assess small repair limits, document damage and what rights you have under tenancy law. You will learn practical steps for creating a complete protocol, how to check cost allocations and which wording is useful during handover. The tips help you avoid disputes or prepare in case a landlord asserts claims. At the end you will find a short how-to, frequently asked questions and official forms that help you in Germany. Use the guidance to strengthen your position at handovers and avoid unnecessary payments.

What belongs in the handover protocol?

A complete handover protocol describes the condition of all rooms and fixtures, records existing damage and documents meter readings. Photographs, dates and signatures increase evidential value.

• Take dated photos of damage from several angles.
• Record existing signs of wear and functional restrictions in writing.
• Note meter readings (electricity, water, heating) and have both parties sign.
• Include all meter readings and handover agreements in clear wording in the protocol.

Reviewing and assessing small repair clauses

First check whether a valid small repair clause is in the lease. The Civil Code is decisive here and regulates the basic duties of landlords and tenants BGB §§ 535–580a^[1]. Pay attention to maximum amounts per repair, an annual cap and the exact wording who must pay which parts.

• Check the maximum amount per repair (e.g. 75 EUR).
• Clarify the maximum annual total for all small repairs.
• Written agreement: is the clause clear and signed?
• Deadlines and reporting: how quickly must defects be reported?

Forms and templates

For terminations or formal defect notices, official templates can be helpful. Example: sample termination letters or templates from the Federal Ministry of Justice provide wording examples for termination and reminders ^[2]. A simple example: send a letter or email with date, description of the defect, photo references and a deadline for remedy.

Practical steps in case of dispute

If the landlord asserts claims or the small repair clause is unclear, document everything and request a written justification. Respond promptly and send defect notices by registered mail if necessary.

• Report defects in writing and attach photos.
• Set a reasonable deadline for remedy (e.g. 14 days).
• If no resolution is reached, the local court (Amtsgericht) handles tenancy disputes; appeals go to higher courts or the Federal Court of Justice Federal Court of Justice^[3].

FAQ

Who pays small repairs?

If a valid small repair clause exists, the tenant pays up to the agreed maximum per repair. Unclear or unreasonable clauses may be invalid.

How high can the limit be?

There is no uniform statutory amount, but courts often consider amounts around EUR 75 per repair and an annual cap to be reasonable.

Can the landlord deduct costs directly from the deposit?

Only for a justified claim and after accounting; invoices and deadlines are often required. Courts decide in case of dispute.

How-To

1. At handover: systematically inspect rooms, photograph every detail and record it in the protocol.
2. Write a formal defect notice to the landlord with date, description, photos and desired deadline.
3. Set a realistic deadline for remedy (e.g. 14 days) and document responses.
4. If no solution is reached, consider legal action and possibly file suit at the local court.

Help and Support

• BGB in full text – Gesetze im Internet
• Federal Ministry of Justice – templates and information
• Federal Court of Justice – decisions and guidance

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1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Federal Ministry of Justice — bmj.de
3. [3] Federal Court of Justice — bundesgerichtshof.de