Tenant Duty: Boiler Maintenance at Move-Out in Germany

Many tenants in Germany are unsure whether they must take care of boiler maintenance when moving out. The answer depends on the rental agreement, the legal classification and concrete arrangements. In some cases the landlord covers repairs and upkeep; in others a contractual obligation may assign regular maintenance to the tenant. This article explains in plain language which legal bases are relevant, which forms help and which steps tenants should follow when moving out to avoid disputes and achieve a legally secure handover. Local courts decide many rental disputes; we also explain when mediation or legal help is advisable.

What does the boiler maintenance duty mean?

Boiler maintenance means the regular inspection, cleaning and, if necessary, repair of the heating system. Legally, a distinction is often made between routine maintenance and major repairs. Fundamental duties of the landlord and tenants' rights are governed by tenancy law in the BGB.^[1]

Who pays the costs?

• The landlord pays necessary repairs and larger maintenance works unless the tenancy agreement states otherwise.
• The tenant can be obliged to carry out regular maintenance (maintenance) if there is a clear contractual agreement.
• Check maintenance certificates and invoices; keep documents for the handover and possible later enquiries.

Practical steps when moving out

1. Check your tenancy agreement for maintenance obligations and deadlines (deadline) and mark relevant passages.
2. Request an up-to-date maintenance certificate from the landlord or an authorised technician.
3. Document meter readings, take photos and prepare a handover protocol.
4. In case of disputes, send a written defect notice by registered mail.
5. If legal action becomes necessary, the local court (Amtsgericht) is the competent authority.^[3]

Rights, deadlines and forms

Which costs can be passed on and how often maintenance should be carried out may also be affected by the Heating Costs Ordinance.^[2] Important practical documents:

• Maintenance certificate / inspection report: issued by the technician, listing date, works and defects. Example: present this document at handover.
• Defect notice (written): informal notification to the landlord with a set deadline; example: "Please remedy by DD.MM.YYYY".
• Termination letter (template): if defects are significant and deadlines are ineffective, tenants may use a written termination letter following statutory templates.

FAQ

Do I as a tenant have to pay for boiler maintenance?

Short answer: It depends on the tenancy agreement. Without a clear clause, the landlord usually bears the cost of repairs; contractual transfers are possible.^[1]

What deadlines apply to certificates?

Annual maintenance is common; specific deadlines are in the contract or manufacturer information. Keep certificates for the handover.

Who do I contact in case of dispute?

Try mediation first; for lawsuits the local court (Amtsgericht) is competent.^[3]

How-To

1. Read the tenancy agreement and mark clauses on maintenance.
2. Request a maintenance certificate from the landlord in good time.
3. Hire only certified technicians and ask for invoice and inspection report.
4. Present all documents at the handover and create a protocol.

Help and Support / Resources

• BGB §§ 535–580a — Gesetze im Internet
• Heizkostenverordnung — Gesetze im Internet
• Federal Court of Justice (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Heizkostenverordnung (HeizKV) — Gesetze im Internet
3. [3] Zivilprozessordnung (ZPO) — Gesetze im Internet