Tenant rights for window and door seals in Germany
Rights and duties
Landlords are obliged under the German Civil Code to maintain the property; tenants are not required to replace ordinary wear. Small rubber seals may count as normal wear, while larger defects must be repaired by the landlord. Check your rental contract and refer to the relevant provisions of the BGB (e.g. maintenance duties).[1]
What counts as normal wear
Not every leak must be remedied by the tenant. Normal wear includes age-related cracks, hardening of the rubber or slight deformations after years of use. Obvious damage from improper use or gross negligence can lead to costs for the tenant.
- Age-related hardening or shrinking of the seal after several years.
- Slight discoloration or deposits that do not affect function.
- Visible cracks or breaks after impacts that should be checked.
Documentation and forms
Document every defect immediately: date, location, photos from several angles, measurements and a short written notice to the landlord. Keep all receipts for repairs or replacement materials. If a dispute arises, the local court (Amtsgericht) has jurisdiction; prepare your documents accordingly and consult relevant BGH rulings for interpretation.[3][2]
FAQ
- Who pays for replacing the seal?
- Generally the landlord pays for age-related wear; if the tenant caused the damage, the landlord may demand cost reimbursement.
- Do I have to replace seals when moving out?
- Only if the rental agreement contains a valid provision or if you damaged the seal beyond normal wear.
- What evidence helps in a dispute?
- Photos with dates, written notices to the landlord, repair offers and invoices are important; the local court values complete documentation.[3]
How-To
- Step 1: Document the defect immediately with photos and a written notice to the landlord.
- Step 2: Request a repair deadline and record the timeline in writing.
- Step 3: Obtain a cost estimate and send it to the landlord.
- Step 4: If no agreement is reached, prepare the documents for the local court.
Help and support
- [1] Bürgerliches Gesetzbuch (BGB) § 535 – Gesetze im Internet
- [2] Bundesgerichtshof (BGH) – case law on tenancy
- [3] Justiz – local courts and responsibilities