Small Repair Limits: Tenants' Rights in Germany

As a tenant in Germany, you often face uncertainty with small repair clauses: who really pays for minor repairs, how much can be deducted, and how does the handover protocol matter? This text explains in simple steps what rights you have, how to use the handover protocol, which deadlines apply and how documentation (document), photos (photo) and formal letters help to dispute unjustified landlord claims. We show practical sample actions, name the responsible courts and relevant laws so you can realistically assess damages, claims and follow-up demands and, if necessary, proceed in a legally sound manner. You will also receive guidance on evidence and next steps.

Tenant Rights

Tenants have basic rights under the German Civil Code; the landlord is obliged to maintain the rental property and may only pass on repair costs within legal and contractual limits.^[1] Small repair clauses are only valid if they are transparent and proportionate. Check every landlord claim against your contract clauses and document the condition at move-in and move-out in the handover protocol.

Practice: Handover Protocol & Evidence

The handover protocol is a central piece of evidence: note damages, measurements (e.g. moisture) and meter readings, have the protocol signed by landlord and witnesses and attach photos. Also send a written defect notice to the landlord and request a deadline for remediation.

• Create a detailed handover protocol with date, signatures and attachments (document, record).
• Take photos (photo) of affected areas and save files with dates.
• Inform the landlord in writing (notice) and request remediation.
• Set clear deadlines (deadline) for remediation and note them in correspondence.
• Small repairs: check whether the contract limit, frequency and cost cap are reasonable.

If the Landlord Makes Claims

Review every cost claim: ask for a detailed breakdown, receipts and proof of performed work. If the landlord refuses to agree, the matter can be brought before the local court; eviction and formal proceedings follow the rules of the Code of Civil Procedure.^[2]

FAQ

What is a small repair clause?

A contractual agreement that determines which minor repairs the tenant must bear up to a specified cost; it must not unreasonably disadvantage the tenant.

Can the landlord deduct costs without receipts?

No. The landlord must provide receipts and prove that the bill was reasonable and the work necessary; without receipts you should object and request documentation.

What role does the handover protocol play?

The handover protocol documents the condition of the apartment at move-in and move-out and is often the most important evidence in disputes over damage and billing.

How-To

1. Document and photograph defects at move-in with date and signature and add photos as evidence.
2. Send a formal defect notice to the landlord and request a deadline for remediation.
3. Monitor deadlines and follow up in writing if deadlines pass.
4. If no agreement is reached, consider filing a claim at the competent local court or seek mediation.
5. Seek legal advice or tenant counseling before making payments if in doubt.

Key Takeaways

• Documentation is your strongest evidence, especially the handover protocol and dated photos.
• Written communication with deadlines creates clarity and proof.
• The local court handles most tenancy disputes; prepare evidence carefully.

Help and Support

• Bürgerliches Gesetzbuch (BGB) – Legal text
• Code of Civil Procedure (ZPO) – Legal text
• Federal Court of Justice (BGH) – decisions and information

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de