The German government has set out strict and clear rules on the maintenance and upkeep of German property, which both landlords and tenants must follow. How exactly should the rights and responsibilities between a landlord and tenant be divided? Do repair costs fall on the landlord? This piece shares information on maintenance and upkeep of German property, and the responsibilities landlords and tenants each bear.
Cosmetic Refurbishment
Standard leases commonly reference a 3/5/7-year cosmetic-refurbishment cycle (kitchen/bathroom, living areas, other rooms respectively) as a guideline, but since a 2004 Federal Court of Justice (BGH) ruling, a clause that states these as a rigid, unconditional deadline is invalid under BGB Section 307 — it must allow for the room’s actual condition. Landlords should keep this in mind for regular maintenance checks.
Tenant and Landlord Responsibilities
Beyond the responsibility to pay rent regularly, tenants are commonly made responsible for maintaining the property’s appearance, so cosmetic refurbishment costs (Schönheitsreparatur) arising from this are also paid by the tenant — though a standard-lease clause imposing this is invalid under a 2015 Federal Court of Justice (BGH) ruling (VIII ZR 185/14) if the tenant received an unrenovated apartment without adequate compensation. This kind of refurbishment is not truly “repair” in the sense of fixing something broken — it refers to costs incurred to keep the property looking presentable, similar to a cleaning fee in Japan. It is usually discussed between landlord and tenant and recorded in the lease. It is worth noting that the lease will usually clearly state the room’s current condition, to avoid disputes later. The landlord, meanwhile, is responsible for maintaining the property’s condition and is obliged to fix any defects that arise in the property.
Small Repairs (Kleinreparatur)
Originally, German landlords were obliged to fix any defect in the property, but considering that troubling the landlord over even minor flaws would create a significant burden, most German leases stipulate that for items tenants regularly come into contact with in daily use — such as door handles or kitchen fixtures — if the repair cost is within €100 per instance, the tenant is responsible for it. At the same time, the rule caps the annual total at no more than 6-8% of that year’s net cold rent (a clause allowing more, especially 10% or above, is invalid in full), so tenants are not left carrying too much cost. Note, though, that if the repair involves the building’s structure — such as pipes, wiring, or breaking through a wall — landlord consent is required; in practice, this kind of repair mostly costs more than €100 anyway, so it happens less often in real cases.
Natural Wear and Tear Is the Landlord’s Responsibility
Because the landlord is responsible for maintaining the property’s condition, repair costs above €100 arising from natural wear and tear fall to the landlord — a common example being replacing a light bulb after long-term use. Of course, if damage results from a user’s negligence, responsibility falls to that user instead. For example, a burn mark from smoking indoors is naturally the smoker’s own responsibility.
Common Areas in Apartment Buildings
Apartment buildings in Germany with divided ownership have common areas managed jointly by the building’s owners’ association and management team. If the building’s exterior wall needs repair, for example, the owners’ committee will discuss and vote on whether the repair is needed, with the cost shared among the owners.
Repairs That Affect Rent
Under German law, if a rented property develops a defect, the tenant only needs to notify the landlord promptly, and where the defect affects the tenant’s use of the property, the tenant may reduce the rent in proportion to how much it affects their use. In real cases, for example, if a tenant can smell smoke from next door, rent may be reduced by 5%; if a strong smell of smoke comes from downstairs and penetrates the wall, rent may be reduced by 10%. Even noise from a neighbor’s pet is something the landlord is responsible for addressing through communication.
Costs from modernization work that improves the property can be partly passed on through the rent, capped at 8% of the apportioned cost since 1 January 2019 (previously 11%), plus a secondary cap of at most EUR3/sqm within any 6-year period since 2019.
Summary
Germany’s approach to property maintenance and upkeep is, on the whole, fair and clearly divided, with clear guidance written into the lease. Tenants bear responsibility for small repairs of no more than €100, which encourages them to use the property’s fixtures and fittings carefully, while landlords remain responsible for maintaining the property’s condition, so as not to affect the tenant’s quality of living.
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