Small Repair Limits for Tenants in Germany

Tenants in Germany often have questions about small repairs: which costs can the landlord pass on, what limits apply and how do I record this in the handover protocol to avoid later disputes? This guide explains in plain language which clauses in the lease are permissible, which formalities in the protocol matter and how to document evidence, deadlines and communication so that your rights as a tenant become effective. The guidance is practical and aimed at tenants without legal background, with concrete steps for independent action.

What are small repair clauses?

Small repair clauses regulate that the tenant bears minor repairs up to a certain cost threshold. Legality and limits are based on the interpretation of the lease and case law as well as the landlord's duties under the German Civil Code (BGB)^[1]. Clauses are common, but must be clearly worded, set a maximum amount and be reasonable.

How to enforce small repairs in the handover protocol

The handover protocol is an important piece of evidence. Record existing defects, meter readings and agreed conditions in detail when moving in. Ask the landlord to sign the protocol or make a signed copy. Add photos and dates promptly to avoid later disputes.

• Photograph all visible defects and add dates.
• Prepare a protocol with exact descriptions of the damages.
• Obtain a signature from the landlord or property manager.

Evidence, deadlines and costs

If the landlord insists on a clause, first check whether the clause is substantively valid. Documentation, cost estimates and invoices are crucial if a dispute arises. If in doubt, you can have the clause judicially reviewed; tenancy cases usually proceed at the local court.^[2]

• Pay attention to deadlines for reporting defects and for accounting.
• Keep invoices and payment receipts for potential claims.
• Use photo documentation and witnesses to prove condition and timing.

When are small repair clauses invalid?

Clauses can be invalid if they do not state a per-repair cap, if the annual burden is distributed unreasonably, or if the landlord unacceptably shifts all maintenance duties to the tenant. In such cases the landlord's general obligations under the BGB apply.^[1]

FAQ

Can the landlord make me pay for every small repair?

No. Clauses must be legally effective, include a cap and may not impose an unreasonable burden on the tenant.

Do I have to pay small repairs immediately myself?

Only if the clause is effective and the costs fall within the agreed limit; otherwise collect evidence and have it reviewed if unsure.

Where do I turn in case of disputes?

For tenancy disputes, the competent local court (Amtsgericht) is the appropriate first contact; higher instances are the regional courts and the Federal Court of Justice.^[3]

How-To

1. Review your lease carefully and mark the relevant clause.
2. Create a detailed handover protocol with photos and signatures.
3. Keep invoices, cost estimates and payment receipts.
4. Seek legal advice or the local court if the clause seems unclear or invalid.

Help and Support / Resources

• Gesetze im Internet (BGB and other laws)
• Federal Court of Justice (BGH) – decisions
• Federal Ministry of Justice (information & forms)

1. [1] BGB §535 (Duties of the landlord) - gesetze-im-internet.de
2. [2] Competence of local courts - justiz.de
3. [3] Federal Court of Justice - bundesgerichtshof.de