Tenant Rights in Germany: Boiler Maintenance in Handover

Many tenants in Germany face the item of boiler maintenance in the handover record when moving. Sometimes the landlord requests the regular service book or that maintenance costs be assumed. This is confusing: which duties are legally binding and which are mere notes? This practical guide explains in plain language when boiler maintenance can actually be the tenant's responsibility, how to contest unjust entries in the handover record without a lawyer, and which official forms and courts are responsible. You will also learn which deadlines to observe, how to collect evidence and the role of tenancy law (Sections 535–580a of the BGB)^[1]. At the end there is a short how-to with example letters to landlords and guidance on when a free mediator or the local court becomes responsible.

Who is responsible for boiler maintenance?

Under tenancy law in Germany, landlord and tenant duties are defined. Maintenance obligations are the tenant's responsibility only if clearly stated in the lease or a legally effective agreement. General entries in the handover record alone do not automatically create new obligations.^[1]

Handover record: what matters?

The handover record documents condition and defects at move-in or move-out. More important than general notes are precise, verifiable entries (e.g. "boiler defective on 10.02.2025"). Phrases like "regular maintenance required" are often unclear and can be challenged.

Important: Do not sign everything by habit; if unclear, add a reservation or note "without recognition of legal obligations" in the record.

How to contest unjust duties (without a lawyer)

The following steps help if the landlord assigns you maintenance duties you consider unjustified.

• Collect all evidence: handover record, photos, invoices and emails as proof.
• Observe deadlines: objections and formal letters should be sent promptly, usually within 14–30 days.
• Send a clear written objection to the landlord with date, reasoning and a deadline for reply.
• If the landlord persists, consider mediation or filing a claim at the local court.

Forms and templates: There are model letters for objections and court application forms (e.g. "claim form" for the local court) and model termination letters that are officially documented. Use official templates and adapt them to your case.^[3]

Sample text for objection

A short, clear letter usually suffices: date, reference to the handover record, note about missing contractual basis and a request for written confirmation within a 14-day deadline. Example: "I hereby object to the entry in the handover record dated [date] regarding boiler maintenance, as there is no contractual basis for this. Please confirm in writing by [date]."

FAQ

Do I have to take over boiler maintenance as a tenant?

Not automatically. Only if this is clearly stated in the lease or in a legally binding obligation are you required to do so.

Does an entry in the handover record automatically create an obligation?

No. An entry is evidence but does not create a new payment obligation without contractual basis.

Which forms or authorities are relevant?

Claim forms for the local court, model letters from the Federal Ministry of Justice and the statutory provisions in the BGB and the Heating Costs Ordinance are often relevant.

How-To

1. Check the handover record carefully and mark unclear wording.
2. Collect evidence: photos, invoices and correspondence.
3. Draft a written objection with a deadline and send it with proof of delivery.
4. Wait for the landlord's reply; note deadlines and any missed responses.
5. If no agreement is reached, use mediation services or file an application at the local court.

Help and Support / Resources

• [1] Gesetze im Internet — BGB §§ 535–580a
• [2] Gesetze im Internet — Heating Costs Ordinance (HeizKV)
• [3] Justice portal — information on courts and local court

1. [1] Gesetze im Internet — BGB §§ 535–580a
2. [2] Gesetze im Internet — Heating Costs Ordinance (HeizKV)
3. [3] Justice portal — information on courts and local court