Minor Repair Limits for Tenants in Germany

As a tenant in Germany you often wonder who pays for small repairs and how to prove damage. This article briefly explains what minor repair clauses mean, which limits courts typically accept and how photo evidence and simple documentation can strengthen your position. You will receive practical tips on when repairs fall under the landlord's duty, how to handle billing and which deadlines apply. You will also find sample wording and notes on possible steps up to clarification at the local court so that you can make decisions more confidently as a tenant. Document damage with timestamped photos and note date, location and involved persons; keep tradesmen invoices and correspondence.

What are minor repair limits?

Minor repair limits are contractual agreements in the lease that govern up to which amount tenants must bear small repairs themselves. The legal basis for tenant and landlord duties is in the BGB, especially the provisions on maintenance and defect remediation.^[1]

When must the tenant pay?

Whether and to what extent you must pay depends on three factors: the wording in the lease, the amount of the individual repair costs and the reasonableness in the individual case. Many courts only accept formal minor repair clauses up to certain amounts per repair and with an annual overall cap.

• Typical individual amounts are often around 75 to 100 euros (amount) per repair, although exact values may vary.
• Contracts must not provide unreasonably high caps, otherwise they may be invalid.
• Repairs must actually be small tasks that can be carried out without a specialist; otherwise the landlord often pays.

Securing evidence with photo proofs

Photo evidence helps document condition, scope and time of damage. Use clear photos with a visible timestamp or additionally make a short video and note time and place.

• Photo (photo) with timestamp and save the file under a unique name.
• Save date, time and a short description as a separate note (e.g. "kitchen, water pipe under the sink, 03.06.2025").
• Scan tradesmen invoices and cost estimates as PDFs and store them chronologically.

Practical sample texts

If you want to inform the landlord, use a clear, polite message with facts: date, short damage description, reference to attached photos and a deadline for repair. Send important letters by registered mail or otherwise document delivery.

• Sample: "Dear Mr/Ms X, on 03.06.2025 a water damage occurred under the sink (see photos). Please arrange the repair by 17.06.2025."
• If there is no response, send a brief reminder in writing and set a reasonable grace period.

Frequently Asked Questions

What counts as a "small repair"?

Small repairs typically include tasks without large material use or without mandatory specialist work, such as replacing seals or small hinges.

Can the landlord demand a flat rate?

A flat-rate charge without concrete limits is usually invalid; clear, reasonable maximum amounts in the lease are permissible.

What if the landlord demands costs but I disagree?

Document photos and invoices, set a deadline, and if necessary seek legal advice or involve the local court; keep all evidence.

How-To

1. Create photo (photo): photograph the damage from several angles and use a timestamp.
2. Collect documentation: scan invoices, note date/time and save correspondence with the landlord (form).
3. Set deadlines: request the landlord in writing to remedy within a clear deadline (deadline).
4. Consider court action: if refusal continues, consider clarification at the local court (court).
5. Submit evidence: present all photos, invoices and notes in an organized way.

Help and Support

• Bürgerliches Gesetzbuch (BGB) §§ 535–580a
• Justizportal des Bundes und der Länder – Forms and courts
• Federal Court of Justice (BGH) – selected decisions

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1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Justizportal des Bundes und der Länder
3. [3] Bundesgerichtshof – Veröffentlichungen