Tenants: Boiler Maintenance Duties in Germany

As a tenant in Germany you often ask: Who is responsible for boiler maintenance, which costs must I bear, and how do I arrange appointments without disputes with the landlord? This guide explains the legal duties, common contract clauses and practical aspects of regular boiler maintenance in plain language. It shows how to arrange appointments, document defects and which forms or deadlines matter. The aim is to give clear steps so you know your rights, meet obligations and avoid or resolve conflicts calmly.

Who is responsible?

Generally, tenancy law in the BGB regulates landlord and tenant duties: the landlord is usually responsible for maintaining the rented property, but maintenance obligations for technical systems like boilers can be assigned to the tenant in the lease^[1]. The contract wording and applicable law are decisive.

Landlord duties

The landlord must keep the heating system in proper condition and remedy significant defects; he bears the maintenance duty under §§ 535 ff. BGB unless an effective agreement states otherwise^[1]. The landlord must act immediately if safety is at risk.

Tenant duties

Many leases oblige tenants to arrange regular boiler maintenance by a specialist company. If such an obligation is validly agreed, tenants must allow appointments or present the maintenance certificate. Without contractual obligation, tenants should not order maintenance that creates costs the landlord should bear.

Typical tenant duties

• Allow appointments and grant access so the specialist can inspect.
• Keep maintenance records and present them to the landlord if needed.
• Inform the landlord immediately about acute malfunctions and, if necessary, contact emergency service.

Costs and billing

Who pays depends on the lease and legal rules. Cost allocation and heating billing may be influenced by the Heating Costs Ordinance, especially for consumption metering and billing^[2]. Flat rates or individual bills must be contractually permissible.

What to do with unclear cost claims?

• Request a detailed invoice and description of the service from the landlord or contractor.
• Compare the claim with the maintenance record and check the contract for cost allocation.
• If suspicious, raise a written objection and set a deadline.

Boiler maintenance in practice: appointments, deadlines, documentation

Arrange appointments in good time and confirm by e-mail or letter. Log date, time and technician name; keep invoices and maintenance certificates. Set deadlines if the landlord does not enable appointments or fails to fix defects.

Recommended steps

• Send a written appointment request to the landlord and specify a deadline.
• Request the maintenance certificate from the specialist and make a copy.
• If refused, set a remediation deadline and seek legal advice.

FAQ

Who pays for boiler maintenance?

It depends on the lease and circumstances: without clear agreement the landlord usually bears maintenance; contractual obligations can transfer duties to the tenant.

Can the landlord enforce short-notice access for maintenance?

The landlord can require justified access but must offer reasonable appointments and respect privacy; in urgent safety cases short-notice access may be necessary.

What if the landlord does not repair the boiler?

Document the defect, set a deadline for remediation and, if necessary, take legal action at the local court.

How-To

1. Step 1: Check your lease for maintenance duties and note relevant clauses.
2. Step 2: Request a maintenance appointment in writing and name a reasonable deadline.
3. Step 3: Have maintenance performed by a certified specialist and keep the proof.
4. Step 4: Review invoices and request details if unclear.
5. Step 5: If refusal continues, inform the local court or seek legal counsel.

Help and Support / Resources

• BGB on gesetze-im-internet.de – Tenancy law §§535–580a
• Heating Costs Ordinance on gesetze-im-internet.de
• Code of Civil Procedure (ZPO) on gesetze-im-internet.de

1. [1] BGB §§535–580a - Bürgerliches Gesetzbuch
2. [2] Heizkostenverordnung - Verordnung über die verbrauchsabhängige Kostenverteilung
3. [3] ZPO - Zivilprozessordnung (Court procedures, eviction actions)