- The rule: the landlord repairs (§ 535 Abs. 1 BGB, German Civil Code). A clause can only pass small repairs to you, and only for things you handle every day.
- Two caps are mandatory: an amount per repair, usually 75 to 120 euros, and an amount per year, usually six to eight percent of the annual net rent.
- If the repair costs more than the cap, the landlord pays all of it, not just the part above the cap.
- You never have to do the repair yourself. A clause that obliges you to hire the tradesperson is invalid.
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What are minor repairs?
Minor repairs are small defects in parts of the flat you use often and directly: taps, shower heads, light switches, sockets, window handles, door handles, roller-shutter straps, the toilet flush (§ 28 Abs. 3 II. Berechnungsverordnung, the Second Calculation Ordinance). Anything you do not touch never falls under the clause: pipes in the wall, drains, window and door seals, the door lock, the heating system.
Minor repairs are not the same as cosmetic repairs: painting and wallpapering when you move out is governed by a separate clause, see cosmetic repairs.
When is the clause valid?
Almost every minor repairs clause sits in a standard-form contract drafted by the landlord. It then only applies if it does not put you at an unreasonable disadvantage (§ 307 BGB). The Federal Court of Justice (BGH) has set four conditions, and all four must be met together:
- Limited to specific items: the clause names the parts you use frequently, or refers to § 28 Abs. 3 II. BV.
- Cap per repair: a fixed maximum for each individual repair.
- Cap per year: a maximum for all minor repairs in one year combined.
- Pay only, never do: you bear the cost; you do not have to order the tradesperson yourself.
One gap and the whole clause falls
If just one of the four conditions is missing, the entire clause is invalid. The landlord then also pays the 40-euro repair you would have had to bear under the clause. Anything you paid under an invalid clause, you can claim back.
What amounts are allowed?
The law gives no figure. The courts have drawn a corridor:
Example: your contract sets 100 euros per repair and 8 percent of the annual net rent; at 800 euros net rent a month, that is 768 euros a year.
The new shower hose for 45 euros: yours to pay. The mixer tap for 180 euros: the landlord pays all of it, not just the 80 euros above the cap.
Older contracts with 50 or 75 euros per repair are not invalid just because the amount looks low today. Amounts above 150 euros per repair, on the other hand, the courts have regularly struck down.
What you never pay
Even with a valid clause, three cases stay with the landlord:
- Damage that was already there when you moved in, or that was caused by the landlord's tradesperson, a neighbour or force majeure.
- Wear on parts you do not operate: the boiler, the heating, the pipes, even if the landlord puts them on the list.
- The excess on a more expensive repair: if the invoice is above the cap per repair, the landlord bears it in full.
Keep the receipts, then add them up
Keep every invoice. At the end of the year, add up the total and compare it with the annual cap. Whatever is above it, claim back.
Common questions about the minor repairs clause
Do I have to hire the tradesperson myself?
No. A clause that obliges you to is invalid. You report the defect, the landlord has it repaired and invoices you for the cost up to the cap.
The contract only sets a cap per repair, no annual cap. Does the clause apply?
No. Without an annual cap the clause is invalid as a whole. The landlord then bears every minor repair.
The repair costs 130 euros, the cap is 100 euros. Do I pay 100?
No, you pay nothing. If the invoice is above the cap, it is no longer a minor repair.
I have already paid, even though the clause is invalid. What now?
Claim the amount back in writing. The claim becomes time-barred three years after the end of the year in which you paid.
Is your rent above the limit?
CONNY checks for free whether rent control applies to your flat and enforces the reduction. You only pay if we succeed.