Tenant Duty: Boiler Maintenance in Germany

As a tenant in Germany, you may face questions about boiler maintenance at move-out: who pays, which deadlines apply, and what steps avoid conflicts with the landlord? This article explains in plain language tenants' rights and duties, when regular maintenance is the tenant's responsibility or the landlord's, and how to properly arrange maintenance before handing back the property. You will get practical tips on written communication, documentation and relevant legal provisions such as the German Civil Code (BGB)^[1], as well as possible court steps.

Who is responsible?

Generally, the BGB regulates landlord and tenant obligations. Landlords must deliver and maintain the rented property in a contractual condition; tenants must use it carefully. Many rental agreements include clauses on boiler maintenance: the wording decides whether the tenant must pay for maintenance or the landlord must arrange it. If in doubt, clarify in writing before moving out.

• Minor care and cleaning of the boiler, if contractually agreed (Wartung (maintenance)).
• Contractual duty to commission a specialist company and provide maintenance evidence (Form (form)).
• Safety checks and statutory inspection duties often remain the landlord's responsibility.

Arrange boiler maintenance at move-out

Procedure at move-out: first check the lease for an express maintenance obligation. If the contract is silent, agree in writing with the landlord who will carry out the maintenance before handover. Send a short dated message and request written confirmation if needed.

• Draft a written request to the landlord with proposed appointment dates (Form (form)).
• Agree on a specific appointment for maintenance or the handover of the boiler (Frist (deadline)).
• Only hire certified specialists and demand an inspection report (Wartung (maintenance)).
• Document the handover with photos and a written protocol.

If the landlord requires maintenance, check whether the costs are operating expenses or one-off maintenance; the Heating Costs Ordinance may contain relevant rules (HeizKV)^[2]. If a contractual maintenance obligation exists, refusal to carry out maintenance can constitute a defect that gives rise to claims.

How-To

1. Check your lease for maintenance clauses.
2. Write to the landlord two to four weeks before moving out with proposed dates (Frist (deadline)).
3. If you commission maintenance: choose a qualified firm and request a detailed inspection report.
4. Collect documentation: invoice and photos, and give copies to the landlord.
5. In case of dispute: contact the local court (Amtsgericht) or seek legal advice before withholding payments.

FAQ

Do I have to pay for boiler maintenance at move-out?

That is primarily decided by the lease. If there is no agreement, it may depend on the type of maintenance and the cause; safety-relevant inspections are often the landlord's responsibility.

Can the landlord demand a specific company?

Yes, if a company is named in the lease or legitimate safety reasons exist. Otherwise a competent market-standard firm is sufficient.

What if I withhold maintenance costs?

Unjustified withholding can lead to reminders and ultimately to proceedings at the local court; inform yourself early about your rights.

Help and Support

• German Civil Code (BGB) — Gesetze im Internet
• Federal Ministry of Justice (BMJ)
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet – German Civil Code (BGB)
2. [2] Gesetze im Internet – Heating Costs Ordinance (HeizKV)
3. [3] Federal Court of Justice (BGH)