Minor repairs clause in the tenancy agreement

In short: In principle, the landlord must keep the flat in good order and pay for repairs. With a minor repairs clause (Kleinreparaturklausel), a tenancy agreement can shift the cost of small repairs to the tenant, but only within narrow limits.

In more detail: For a clause to be valid, courts require, among other things, a maximum amount per repair and a maximum amount per year. If the clause is invalid, the landlord bears the costs as usual. Whether a specific wording holds up is a case-by-case question.

In detail

• Which items: Only items the tenant uses frequently and directly may be covered, such as taps, light switches, sockets, door and window handles or roller shutter straps.
• Not covered: Pipes and cables inside the walls, the heating system as a whole or parts the tenant hardly comes into contact with are not included.
• Amount per repair: The clause must state a maximum amount for each individual repair. Case law usually accepts rather low amounts, often in the region of about 100 euros.
• Annual limit: In addition, there must be an upper limit for all minor repairs in a year, often expressed as a small share of the annual rent.
• More expensive repairs: If a repair costs more than the maximum amount, the prevailing view is that the tenant does not have to pay anything, not just the part up to the limit.
• Costs only: As a rule, the tenant only has to bear the costs. They are not obliged to carry out the repair themselves or to hire a tradesperson themselves.
• Own fault: If the tenant caused the damage, they are liable for it regardless of the clause.
• Distinction: Minor repairs are not the same as cosmetic repairs, such as painting the walls.
• Checking: If you receive a bill, compare it with the exact wording of the contract and ask a tenants’ association if in doubt (schoenheitsreparaturen, mietrecht-grundlagen-fuer-mieter).