Tenants: Small Repair Limits 2025 in Germany
Many tenants in Germany face the question in 2025 whether agreed small repair limits in the lease are lawful and how to avoid resulting costs. This text explains in clear, practical terms what rules apply to small repairs, what obligations landlords have and how you can effectively challenge unfair clauses. Read concrete action steps, deadlines and which proofs you should collect before refusing claims or considering a rent reduction. The goal is that you as a tenant know your rights, avoid unnecessary payments and, if necessary, find the right path to the local court or advice services.
What are small repair limits?
Small repair clauses limit the amount of individual repair costs the tenant must bear. Such clauses must be clearly worded and must not shift an unreasonable share of costs to the tenant. Whether a limit is reasonable depends on amount, frequency and contract wording.
When can tenants challenge clauses?
You can challenge a clause if it is unexpectedly formulated, imposes an unreasonable burden on the tenant, or violates principles of the Civil Code. Check whether the clause names a maximum per repair and an annual cap. Document damages and invoices before making payments.
- Check the lease for exact wording on amounts and frequency.
- Request a detailed invoice instead of flat fees.
- Collect photo and invoice evidence for each repair.
- Inform the landlord in writing and set a reasonable deadline for remedy.
Practical steps before payment
Before paying, require the landlord to provide a detailed account and check whether the repair is actually the tenant's responsibility. If the share is high or recurring, you may object and request clarification. If unsure, seek legal advice or mediation.
When to go to court?
If a dispute arises over repair costs, local courts often decide tenancy issues; higher instances such as the Federal Court of Justice may provide precedents.[2] Before suing, gather all evidence, the lease and correspondence.
Forms and official templates
For lawsuits or formal letters there are official guidelines and forms at federal sites. Examples include civil complaint forms and informational pages on tenant rights; use these templates to meet deadlines and formal requirements.[3]
Frequently Asked Questions
- Who pays normal repair costs?
- Generally the landlord must bear maintenance costs; small repairs may be contractually assigned to the tenant if kept reasonable.
- How much can a small repair cost?
- There is no uniform statutory limit; courts assess reasonableness based on clarity of wording and overall burden.
- Must I pay immediately when the landlord sends an invoice?
- You should check the invoice and, if necessary, request a detailed statement. Paying without review can make later objections more difficult.
How-To
- Read the clause in the lease carefully and note amounts and limitations.
- Request an itemized invoice for repairs from the landlord.
- Document defects with photos and dates.
- Object in writing and set a deadline for clarification; involve advice if needed.
Help and Support
- Gesetze im Internet – Civil Code (BGB)
- Federal Court of Justice (BGH) – Decisions
- Federal Ministry of Justice – Information & Forms