Tenants: Boiler Maintenance Duties in Germany 2025
As a tenant in Germany, it is important to know who is responsible for maintaining the gas boiler or heating system and what obligations arise. This guide explains, in clear language, the legal basis, typical rental contract clauses, how to report maintenance and defects correctly, and when costs may be charged to tenants. You will receive practical steps for documentation, notes on deadlines and official forms, and examples of how to assert your rights against the landlord. Concrete template texts, deadlines and information about authorities are provided below.
What are boiler maintenance duties?
Boiler maintenance duties regularly concern safety, operation and prevention of damage. According to the German Civil Code (BGB), landlords are obliged to maintain the property, while tenants may be responsible for proper operation and reporting of faults.[1]
Who is responsible?
In principle, the rental agreement and the law regulate responsibility. Often the landlord carries out technical maintenance, but cost allocation can be governed by the Heating Costs Ordinance or an operating costs agreement.[2] Check your rental contract carefully: it may contain obligations such as annual inspection duties, access to the apartment for maintenance appointments, or cost allocation rules.
- Inform the landlord immediately (contact) in case of outage, malfunction or smell of gas.
- Arrange a maintenance appointment (repair) and request a protocol for confirmation.
- Collect photos, invoices and correspondence (evidence) for documentation.
- Observe deadlines (deadline): give the landlord a reasonable deadline to remedy the defect.
- Report defects in writing (filing) with date, description and deadline.
Forms and templates
Official templates and samples help with formal steps. Examples with practical use:
- Termination letter template from BMJV (form) — When: for persistent, serious defects despite setting a deadline. Example: send the template by registered mail and give the landlord 14 days to remedy.
- Written defect report / complaint (form) — When: as soon as the boiler fails or there is danger. Example text: "Dear landlord, due to failure of the boiler I ask for rectification by DD.MM.YYYY."
If the landlord does not respond, the local jurisdiction for rental disputes is the Amtsgericht (local court), appeals go to the Landgericht (regional court) and higher legal questions to the Federal Court of Justice (BGH).
FAQ
- Who pays for boiler maintenance?
- Generally the landlord bears technical maintenance; specifically it depends on the rental contract and legal cost-allocation options.
- Can I reduce the rent if the boiler fails?
- Yes, a rent reduction is possible in case of a significant restriction of use. Document outage periods and inform the landlord in writing.
- What deadlines apply if the landlord does not respond?
- Always set a reasonable deadline (often 14 days) for remedy; refer to further steps such as rent reduction or lawsuit if there is no response.
How-To
- Document the date and time of the outage and take photos (evidence).
- Send a written defect notice to the landlord by e-mail or registered mail (filing).
- Request a maintenance appointment and confirm it in writing (contact).
- Keep maintenance reports and invoices and check them (repair).
- If no solution occurs, contact the local court (Amtsgericht) or seek legal advice (court).
Key takeaways
- Regular maintenance protects against hazards and consequential damage.
- A written defect report with a deadline is often the first necessary step.
Help and Support
- [BMJV] Federal Ministry of Justice and Consumer Protection
- [Gesetze im Internet] Collection of official laws
- [Federal Court of Justice] Information on case law
