Tenants Fight Small Repairs Claims in Germany

Many tenants in Germany face the question of how to realistically contest small repair claims, especially in shared flats or with repeated demands. This guide shows practical steps: how to collect photo evidence correctly, meet deadlines, document formal objections in writing and which legal foundations in the BGB can help you.^[1] We explain clearly when the small repair cap applies, what proof obligations landlords have and how to proceed with unjustified claims. Concrete examples explain how to date evidence photos, keep a defect list and which costs can be apportioned. We also describe how to respond to an unjustified bill, check landlord deadlines and, if necessary, involve the local court.^[2]

Overview

The small repair clause often limits the cost of individual repairs but does not automatically cover all expenses; contract wording and case law are decisive.^[1]

When does the small repair clause apply?

• Small repair cap usually around €75 per single repair (amount, repair).
• Scope: typically minor apartment parts, not general maintenance (repair, habitability).
• Burden of proof: photos, dates and defect lists help contest unjustified claims (photo, evidence).

Formal objections and template texts

Responses to the landlord should always be in writing and include date, precise defect description and photo evidence. State clear reasons why a claim is unjustified (e.g. exceeding the small repair cap, lack of contractual basis). For court steps or templates see guidance from the Federal Ministry of Justice.^[3]

Practice cases: common landlord mistakes

• Blanket billing without receipts: landlords must prove what costs were incurred (evidence).
• Missing deadline before billing: landlords often fail to grant a reasonable time for repair (form).
• Unclear contract clauses: clauses that unreasonably burden the tenant can be invalid (safety, violation).

Frequently Asked Questions

What is the small repair cap?

The small repair cap is a contractual provision that limits the amount of individual repairs; amounts around €50–€100 are common.

Who pays for maintenance?

Generally the landlord is responsible for maintenance; small repairs can be contractually assigned to the tenant if the clause is valid.^[1]

When does the local court help?

If out-of-court resolution fails, a lawsuit can be filed at the competent local court (Amtsgericht); tenancy disputes are heard there.^[2]

How-To

1. Gather photo evidence with dates and context; keep originals and copies (photo, evidence).
2. Send a formal objection to the landlord by email and postal letter; request verifiable receipts (form, submit).
3. Maintain a defect log and document cost responsibilities and repair history (repair, record).
4. If no agreement is reached, consider filing or mediation at the local court; submit evidence and deadlines with proof (court).

Key Takeaways

• Evidence often decides the outcome, so document carefully.
• Formal objections must be in writing and within deadlines.
• Unclear clauses can be invalid; know your rights under the BGB.^[1]

Help and Support

• BGB: Overview on tenancy law and obligations
• Federal Court of Justice (BGH): tenancy law rulings
• Federal Ministry of Justice: guidance and templates

1. [1] Civil Code (BGB) — § 535 ff., gesetze-im-internet.de
2. [2] Federal Court of Justice (BGH) — jurisdiction and decisions
3. [3] Federal Ministry of Justice — forms and templates