Tenant Duties for Boiler Maintenance in Germany

As a tenant in Germany you often face questions about boiler maintenance: who pays, which obligations can the landlord validly contractually impose on you, and which deadlines apply? This guide explains in plain language which regulations tenancy law provides, when a maintenance agreement is permissible and how to report defects in writing. You will receive practical steps for negotiations with the landlord, tips on documentation and sample wording useful for a defect notice or demand. We also describe when the local court may be involved and which official laws you should know. You will also learn which forms and receipts to use, how to set deadlines correctly and when a rent reduction is possible. Concrete examples and a short how-to help with implementation.

Who is responsible?

As a rule, the German Civil Code (BGB) §535 specifies that the landlord must maintain the rental property in a condition suitable for contractual use^[1]. This means essential functional duties for heating and boilers lie with the landlord, but specific agreements can clarify responsibilities in concrete cases.

Agreements on boiler maintenance

Landlord and tenant can agree in the rental contract on maintenance obligations. Such clauses are permissible if they do not unreasonably disadvantage the tenant. Practically, it is sensible to have clear agreements on costs, access and deadlines.

• Who pays: Specify whether maintenance costs are borne by landlord, tenant or operator.
• Performer: Name whether an accredited specialist company will be commissioned.
• Deadlines: Define inspection intervals and response times for faults.
• Access appointments: Agree rules for appointments and advance notice.

Practical steps for tenants

Avoid unclear blanket clauses. Request written specifications and obtain proof of maintenance via invoices or maintenance protocols. In case of defects: document, inform the landlord in writing and set a deadline for repair.

Concrete action steps

1. Document the defect with photos, date and time and keep a short log.
2. Send a formal defect notice to the landlord and request written remediation within a reasonable deadline.
3. Set a clear deadline (e.g. 14 days) and state possible consequences, such as commissioning a specialist if the issue persists.
4. If there is danger or urgent need, have a specialist check and keep the invoice.
5. If the landlord fails to meet obligations, the local court can be involved to enforce claims^[2].

Frequently Asked Questions

Can the landlord shift regular boiler maintenance to me by contract?

Yes, provided the clause is transparent and reasonable; the tenant must not be unreasonably disadvantaged and it must be clear which costs will arise.

Who must pay if maintenance is urgent and the landlord does not respond?

In emergencies a specialist may be commissioned; costs can possibly be offset with the landlord if they breached their duty.

When is a rent reduction possible due to lack of heating?

When there are significant impairments to the usability, a rent reduction may be possible; the amount depends on the extent and duration of the defect.

How-To

1. Photograph and log the defect (date, time, description).
2. Send a written defect notice to the landlord and set a deadline for repair.
3. Await the deadline and document all communications.
4. If the landlord fails to act after the deadline, commission a specialist in case of danger and keep receipts.
5. If necessary, file a claim with the competent local court or seek legal advice^[2].

Key points

• Documentation is the most important basis for later claims.
• Set clear deadlines and communicate in writing.
• Contracts should clearly state costs, intervals and responsibilities.

Help and Support / Resources

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

1. [1] German Civil Code (BGB): §§535–580a — gesetze-im-internet.de
2. [2] Competent local court and procedures — justiz.de
3. [3] Heating Costs Ordinance (HeizKV) — gesetze-im-internet.de