Small Repair Limits: Tenant Tips in Germany
As a tenant in Germany, you often face questions about small repair limits and possible deductions from the security deposit when moving out. This guide simply explains which small repairs are contractually permissible, how to document damages properly and which official forms or deadlines to observe. I describe when a small repair clause is effective, how to collect photos, handover records and invoices, and when it makes sense to consult the local court or legal texts such as the BGB. The goal is for you to understand your rights, avoid unnecessary claims and be well prepared in case of dispute.
What are small repair limits?
Small repair limits are contractually agreed caps for individual repairs during the tenancy; they usually regulate maximum amounts and a maximum number per year. Whether such a clause is valid depends on the specific wording in the lease and case law [1].
Tenants generally have the right to basic habitability and protection against unreasonable costs.
Preparation when moving out
- Collect photos and receipts (evidence): Photograph defects with dates and keep overview photos of the rooms.
- Create a handover record (form): Request a written handover record and note deviations immediately.
- Keep invoices and estimates (receipt): Collect proofs of repairs performed and quotes for necessary work.
- Check deadlines and keep appointments (deadline): Pay attention to deadlines for deposit refunds and landlord-set remedy periods.
- Check the repair clause in the lease (repair): Compare the clause with common patterns and check whether caps and overall rules are clear.
Detailed documentation increases your chances of success in disputes.
Documentation and evidence
Good evidence reduces the risk of unjustified claims. For each defect, record date, location, photos and, if applicable, witnesses and keep digital copies. If there are disputed claims, the local court decides; it rules according to the rules of civil procedure (ZPO) [2].
- Handover record: Create a detailed record at key handover and have it signed by the landlord.
- Photos and timestamps: Take detail and overview photos with dates and store them unchanged.
- Invoices and proofs: Collect cost evidence for repairs so that deductions from the deposit are substantiated.
- Written communication: Send requests and responses by email or letter and keep copies.
Respond to landlord letters within the stated deadlines to avoid losing your rights.
FAQ
- What counts as a small repair?
- Small repairs are typically minor maintenance tasks on movable parts such as locks or fittings, provided the lease regulates this and specifies monetary limits.
- Can the landlord withhold everything for small repairs?
- No, deductions must be factually justified and supported by evidence; blanket or unclear clauses may be invalid.
- Which pieces of evidence are most important?
- Photos with dates, a signed handover record and invoices are the strongest evidence against unjustified claims.
- Where can I turn if there is a dispute?
- If disputes cannot be resolved, the local court decides; you can seek advice beforehand or use template letters [3].
How-To
- Take photos (photo): Photograph all relevant areas at move-out with date stamps.
- Create a handover record (form): Produce a written record and have the landlord sign it.
- Organize proofs (receipt): File invoices, quotes and payment receipts systematically.
- Set deadlines (deadline): Request necessary remedial work in writing with a clear deadline.
- Contact the local court (court): Submit documents to the local court if claims are unfounded.
- Seek help (contact): Consider tenant advice or legal counsel if you are unsure.
Help and Support / Resources
- Gesetze im Internet (BGB)
- Federal Court of Justice – Decisions
- Federal Ministry of Justice and Consumer Protection
