Today we are looking at the so-called minor repairs clause, a frequently discussed component of many rental agreements. What exactly does this clause regulate, when is it effective, and who bears the costs in the event of a dispute?
What is a minor repairs clause, and when is it effective?
The minor repairs clause stipulates that the tenant must pay for minor repairs to certain items in the rented property themselves. However, such a provision is only permissible if it relates to items of daily use, such as water taps, light switches, or door handles.
In addition, there are two financial limits that restrict the effectiveness of the clause:
- Individual limit: The amount per repair may generally be between 75 and 150 euros.
- Cap: A maximum of 6% to 8% of the annual net rent excluding utilities may be passed on to the tenant for such repairs.
What must the tenant do in the event of a defect?
If a defect occurs—such as a broken faucet—the landlord must be informed first. The landlord is obliged to commission the repair themselves and pay for it in advance. Only then can they recover the costs (to the extent permitted) from the tenant.
A contract clause that obliges the tenant to hire tradespeople or carry out repairs themselves isinvalid.
Does the tenant always have to pay?
No. Even if the rental agreement specifies a maximum limit (e.g., $75), the tenant only has to pay if the actual repair costs do not exceed this limit.
An example: In a ruling by the Higher Regional Court of Düsseldorf (reference number not specified), a tenant was obliged to pay 50 euros for a window handle because the repair costs were below the agreed limit of 75 euros. If the repair had cost 90 euros, however, the tenant would not have been obliged to pay.
Conclusion
A minor repairs clause can be effectively agreed if it is clearly worded and refers to frequently used items. The tenant must inform the landlord of any defects – they do not have to take action themselves. The tenant is only required to contribute to the costs if the specified maximum limits are observed.
In practice, the process is often simplified, for example by the tenant paying directly. This is not legally permissible, but as long as both parties agree, it is usually not a problem.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.