Renting an apartment or house in Germany comes with clear legal rules about who pays for repairs and maintenance. Whether you're an expat new to the country or relocating for work, understanding your responsibilities as a tenant can save you money, stress, and even your security deposit. This guide breaks down German tenant law in plain English, covering everything from minor repairs you handle yourself to major issues that are always the landlord's responsibility.
The German Legal Framework: What the Law Says
German rental law—governed mainly by the Civil Code—clearly distinguishes between Instandhaltung (major maintenance and structural repairs) and Kleinreparaturen (minor repairs). This distinction is crucial because it determines who pays and who is legally liable.
- Major maintenance (landlord's responsibility): Structural damage, roof leaks, heating systems, electrical wiring, plumbing infrastructure, windows, and doors
- Minor repairs (often tenant responsibility): Small fixes with low costs—typically under €100–150 per repair or 5–8% of monthly rent (varies by lease)
- Normal wear and tear is not your problem: Faded paint, minor scratches, worn carpets from everyday use—the landlord covers these at the end of your tenancy
Your lease should clearly state the breakdown of responsibilities. If it doesn't, German law automatically assumes the landlord covers major maintenance.
What Tenants Typically Pay For in Germany
Most German rental agreements include a clause requiring tenants to cover minor repairs. Here's what typically falls into your category as a tenant:
- Plumbing fixes: Leaky tap washers, clogged drains (your side of the meter/shut-off), running toilet flapper, kitchen sink blockages you caused
- Small electrical items: Light bulbs, replacing a light switch cover, fixing a broken plug
- Doors and windows: Replacing broken window panes (if you broke them), fixing a stiff door hinge, replacing door locks (if you lost the key)
- Appliances you installed: If you brought in your own washing machine or dishwasher, repairs are your responsibility
- Damage you caused: Holes in walls from pictures, burns on countertops, broken shelves you installed—all repairs needed before moving out
The key principle: if you caused the damage or it's a standard wear item that costs little to fix, you pay. If it's part of the building's infrastructure or structural, the landlord covers it. Always keep receipts for any repairs you pay for—you may need them when your tenancy ends.
German law requires landlords to respond to maintenance requests within a reasonable time. For urgent issues (no heat in winter, major leaks), they must act quickly—usually within 24 hours. Document everything in writing (email is fine) so you have proof.
Major Repairs: When Your Landlord Must Pay
Major maintenance and repairs are always the landlord's legal responsibility in Germany, regardless of what your lease says. These include:
- Heating and hot water systems: Boiler repairs, central heating, radiator replacement, broken water heater
- Plumbing infrastructure: Burst pipes, water leaks from above (ceiling), drain blockages in shared lines, issues with the main shut-off valve
- Roof and external walls: Leaks, cracks, weathering
- Electrical system: Faulty wiring, tripped circuit breakers, broken fuse box
- Windows and external doors: Broken seals, frames needing replacement, security issues
- Damp and mold: Usually the landlord's responsibility if caused by structural issues; tenant's fault only if poor ventilation habits
If your landlord refuses to make necessary repairs, German law gives you leverage: you can reduce your rent, request the landlord cover repair costs you had to pay yourself, or in extreme cases, terminate your lease without notice. Always try written communication first.
Your Action Checklist: Staying on Top of Maintenance
To protect yourself legally and keep your security deposit safe, follow these steps:
- Read your lease carefully before signing—identify the maintenance clause and confirm what you're responsible for
- Document the apartment's condition with photos and a move-in inspection report on day one; have your landlord sign it
- Report major issues immediately in writing (email counts)—don't wait or try to fix structural problems yourself
- For minor repairs you handle, keep all receipts and take 'before and after' photos
- Never attempt DIY fixes on heating, electrical, or plumbing infrastructure—these require licensed professionals in Germany and incorrect work voids warranties
- When moving out, take photos of the empty apartment and provide them to your landlord to prevent false damage claims
Understanding the difference between minor and major maintenance is your best defense against surprise bills and disputes. When in doubt, ask your landlord in writing rather than assuming—it's always the safer approach under German law.