Tenant: Boiler Maintenance Duty in Germany
As a tenant in Germany you may often wonder who is responsible for regular boiler maintenance and which entries in the handover protocol are relevant. This text explains in simple language which maintenance duties are common, how they are reflected in the lease and the handover protocol, and what rights you have in case of unjustified claims. I provide practical steps for documenting maintenance, when a landlord must cover costs and how you can respond formally, for example with a written deadline or clarification at the local court. The goal is that you as a tenant know your duties, avoid risks and prevent costly mistakes during the handover. I also describe common lease clauses and give tips for securing evidence in maintenance discussions.
What applies to boiler maintenance?
Boilers (gas/oil boilers or gas water heaters) require regular maintenance, usually by a certified technician. In principle, tenancy law in Germany regulates duties for preservation and repair that arise from the lease and statutory provisions.[1]
Who bears the costs and when?
- The landlord covers costs for safety-related defects or when the system does not function as agreed (payment).
- The tenant may be contractually obliged to pay routine maintenance if this is clearly stated in the lease (payment).
- Check invoices and receipts carefully and request bills to refute unjustified claims (record).
Boiler maintenance in the handover protocol
The handover protocol should record whether maintenance certificates are available, when the last inspection took place and which defects are known. A well-completed protocol protects tenants from later claims.
- Document the current condition of the boiler and attach existing maintenance certificates (document).
- Note the date and service company of the last maintenance, serial numbers and visible defects (document).
- Insist on signatures from landlord and handover person so agreements are binding (document).
How to contest unjustified claims
If you receive an additional charge for boiler maintenance, first check the lease, handover protocol and invoices. Request documentation in writing and set a reasonable deadline for clarification.
- Draft a written deadline specifying the claim and send it by registered mail or email with read receipt (notice).
- Contact consumer advice or the competent local court if no agreement is reached (call).
- Secure evidence: invoices, photos, protocols and correspondence belong in your file (record).
Which legal bases are important?
The central rules for tenancy law are in the BGB (§§ 535–580a), for example duties of the landlord regarding repair and defect remedy. Details on apportioning heating and operating costs are regulated by the Heating Costs Ordinance.[1][2]
FAQ
- Who pays for boiler maintenance, tenant or landlord?
- It depends on the lease; without explicit agreement the landlord usually bears the costs for necessary repairs.
- Can landlords claim maintenance costs years later?
- Only with clear evidence and within statutory limitation periods can claims be enforced; document handover and maintenance carefully.
- What belongs in the handover protocol for the boiler?
- Date of last maintenance, name of the service company, serial number, visible defects and any invoices or inspection reports.
How-To
- Check all maintenance documents within 14 days after handover and note missing receipts (deadline).
- Request documents in writing and set a 14-day deadline for submission (deadline).
- If unresolved, file a complaint with the competent local court or seek legal advice (deadline).
Key Takeaways
- A complete handover protocol protects against later claims.
- Evidence with invoices and photos improves your position in disputes.
- Use official contacts early before deadlines expire.
Help and Support / Resources
- BGB §535 – Duties of the landlord
- Heating Costs Ordinance (HeizKV)
- Federal Ministry of Justice (BMJ) – information and templates
