Maintenance and Repairs: Hesse Landlord-Tenant Guide

Responsibility for repairs in Hesse is a frequent source of conflict. While the landlord is fundamentally responsible for "keeping the property in a usable state," most leases validly transfer small maintenance and periodic painting to the tenant.

Maintaining the rental property is a core landlord obligation under German law. In Hesse, federal BGB provisions apply along with extensive BGH case law. This guide explains what landlords must maintain, how to handle defect reports, and how to protect against unjustified rent reductions.

Obligations Overview

1. Landlord's Maintenance Duty Under BGB § 535 (1) (2), the landlord must hand over the property in a condition suitable for the contractually agreed use and maintain it throughout the tenancy. This covers:

• Building structure: Roof, facade, load-bearing walls, foundation
• Technical systems: Heating, water and sewage pipes, electrical wiring
• Common areas: Stairwell, hallways, elevator, courtyard
• Windows and doors: Proper function and weatherproofing
• Mold remediation: When structurally caused (not tenant behavior)

Response Times

There are no statutory response deadlines, but courts expect a reasonable timeframe:

2. Small Repairs Clause Landlords may contractually shift the cost of small repairs to the tenant, provided these limits are respected:

• Per-item cap: Approximately €100–120 per repair (some courts accept up to €150)
• Annual cap: Approximately 6–8% of annual cold rent
• Scope: Only items subject to the tenant's frequent use (faucets, light switches, roller shutters, door handles)

Invalid Clauses

• Clauses without a per-item cap
• Clauses requiring the tenant to carry out the repair (vs. only paying for it)
• Clauses with excessive limits

3. Cosmetic Repairs (Schönheitsreparaturen) Key BGH principles:

• Rigid renovation schedules (e.g., "kitchen every 3 years") are void
• If the apartment was handed over unrenovated, cosmetic repairs cannot be transferred to the tenant without adequate compensation (BGH VIII ZR 185/14)
• Flexible wording ("as a rule" or "when needed") may be valid, but is subject to strict scrutiny

What Counts as Cosmetic Repairs?

• Wallpapering and painting walls and ceilings
• Painting interior doors, window frames, and door frames
• Painting radiators and heating pipes
• Not included: Sanding and sealing parquet floors, replacing carpet

4. Rent Reduction for Defects (Mietminderung) If a defect more than trivially impairs the property's usability, the tenant is entitled to a rent reduction (BGB § 536). The reduction occurs automatically by law once the landlord is aware of the defect.

Typical Reduction Rates (Indicative)

Protecting Against Unjustified Reductions

1. Respond quickly to defect reports
2. Document the defect and remediation efforts
3. Verify whether the tenant caused the defect (no reduction right in that case)

5. Traffic Safety Duties The landlord is liable for the building's safety:

• Winter service: Snow clearing and gritting walkways (can be contractually delegated to the tenant)
• Stairwell: Adequate lighting and non-slip floors
• Roof: Protection against falling tiles or icicles
• Playgrounds: Regular maintenance and safety inspections
• Elevator: Regular servicing per Industrial Safety Ordinance

6. Heating and Energy Regulations (From 2024) Landlords in Hesse must comply with new requirements under the Building Energy Act (GEG):

• Heating inspection: Heating systems installed after October 1, 2009 in buildings with at least 6 units must undergo inspection and optimization 15 years after installation
• Heat pumps: Existing heat pump systems require individual consumption metering devices installed by September 30, 2025

Best Practices for Landlords

1. Conduct regular property inspections
2. Respond promptly to tenant defect reports
3. Document all repairs and maintenance measures
4. Review your small repairs clause against current BGH case law
5. Stay current on heating and energy regulations

Landager supports you with digital maintenance cycle management, defect tracking, and timely heating inspection reminders.

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