Tenants: Boiler Maintenance Duty at Move-Out in Germany

As a tenant in Germany, you often face questions when handling a move-out concerning boiler maintenance duty: who pays costs, which deadlines apply, and what evidence is needed? This practical guide explains step by step how to request inspections, which official forms can be used, and when to dispute a landlord's charge. You will find notes on important sections of the BGB^[1], competent local courts, and concrete rules for inspections and handover protocols. Using practical examples I show how to set deadlines in writing, which proofs should be in a handover protocol, and how to handle unclear lease clauses. Official sources and template forms are listed so you can present prepared solutions or, if necessary, contact the competent local court.

What is the boiler maintenance duty?

The boiler maintenance duty is often regulated in lease agreements and determines whether tenants or landlords are responsible for inspection, maintenance and cleaning of the gas boiler or heating system. Legally, the lease and general tenancy rules in the BGB usually apply. The heating costs regulation can also be relevant for billing. If unclear, review the contract and documentation of past maintenance.

Rights and obligations at move-out

Before moving out, proceed systematically: gather documents, set deadlines in writing and record the boiler's condition. Request required evidence from the landlord and do not respond impulsively to cost demands.

• Have lease, handover protocol and past maintenance receipts available as documents.
• Set deadlines in writing and give the landlord a reasonable grace period (e.g. 14 days).
• Use templates and model letters to formally dispute claims.
• Document condition and damages with photos and timestamps.
• If no agreement is reached, consider filing a claim at the competent local court^[2].
• At key handover: sign the handover protocol and document defects.

Official forms and templates

There is no single nationwide "boiler maintenance form," but the following official aids are important: sample termination letters or informal defect notifications from the Federal Ministry of Justice and the statutory provisions in the BGB which you can cite as a legal basis. Use official templates for deadline letters and objections to avoid formal errors.^[3]

FAQ

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

It depends on the lease and the contractual allocation of costs. If maintenance is explicitly assigned to the tenant, a payment obligation may exist; otherwise the landlord is generally responsible. Check contractual clauses and past payment records.

Which deadlines must I observe?

Set deadlines in writing and specify a clear grace period (often 14 days as a guideline). If the landlord does not respond, document the timeline and prepare a claim or enforcement procedure if needed.

When should I involve the local court?

If no agreement can be reached despite a written grace period and the landlord demands payment or other actions you consider unjustified, filing a claim at the competent local court may be the next legal step.

How-To

1. Check all leases and previous maintenance records.
2. Give the landlord a written deadline to clarify or remedy the issue.
3. Document condition and damages with photos and a protocol.
4. If no agreement is reached: prepare legal action and, if necessary, file a claim at the local court.

Help and Support

• BGB §535 ff. – gesetze-im-internet.de
• Federal Ministry of Justice – information and templates
• Federal Court of Justice – tenancy law decisions

1. [1] BGB §§535–580a — gesetze-im-internet.de
2. [2] Federal Court of Justice — bundesgerichtshof.de
3. [3] Federal Ministry of Justice — bmj.de