Commercial Maintenance Obligations in North Rhine-Westphalia

In commercial lease law, maintenance obligations can largely be transferred to the tenant by contract — a key difference from residential tenancy law. In North Rhine-Westphalia, it is therefore essential to clearly and unambiguously define maintenance responsibilities in the commercial lease.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a licensed attorney in North Rhine-Westphalia for guidance specific to your situation. Information last verified: March 2026.

Statutory Default: § 535 BGB

Under § 535(1) sentence 2 BGB, the landlord is generally obligated to maintain the leased property in a condition suitable for its intended use throughout the entire lease term. In commercial leases, however, this obligation can be substantially limited or transferred to the tenant.

Transferable Maintenance Duties

Unlike residential law, commercial lease maintenance can be broadly transferred:

Important: Complete transfer of maintenance — including building structure — to the tenant is impermissible under BGH case law and may render the clause partially void.

What Remains with the Landlord

Even with extensive transfer to the tenant, the following typically remain with the landlord:

• Building structure — roof, load-bearing walls, foundation
• Building safety — structural stability, fire protection
• Pre-existing defects — defects that existed at lease signing
• Supply lines — up to the handover point within the leased space

Safety Requirements and Statutory Inspections

Regardless of contractual arrangements, certain operator responsibilities remain with the owner:

Technical Installations

• Elevators: Mandatory inspection by approved bodies (TÜV, §§ 14 ff. BetrSichV)
• Electrical systems: Regular DGUV V3 testing (formerly VBG 4)
• HVAC systems: Hygiene inspection per VDI 6022
• Sprinkler/fire protection: Annual expert inspection

Fire Protection

In NRW, the Building Code (BauO NRW 2018) and special building regulations (e.g., for retail buildings, garages) apply. The landlord as property owner bears fundamental responsibility for structural fire protection.

Maintenance in Triple-Net (NNN) Leases

In NNN leases, the tenant assumes nearly all operating costs and maintenance:

NNN = Base Rent + Operating Costs + Insurance + Maintenance

Even here, the contract must clearly distinguish which major repairs (capital expenditures, CAPEX) remain with the landlord (e.g., roof replacement, facade renewal) and which ongoing maintenance falls to the tenant.

Cosmetic Repairs in Commercial Properties

Unlike residential law, commercial lease cosmetic repair clauses can include fixed schedules — the strict BGH rules for residential leases do not apply equally here. Typical arrangements:

• Interior painting every 5–7 years
• Floor coverings depending on usage intensity
• End-of-tenancy renovation obligation

Defect Remediation and Rent Reduction

If maintenance remains with the landlord and defects are not remedied, the tenant may:

1. Reduce rent (§ 536 BGB)
2. Exercise self-help and claim reimbursement (§ 536a(2) BGB)
3. Terminate for significant defects

Best Practices for Landlords

• Define maintenance responsibilities and CAPEX thresholds clearly in the contract
• Schedule regular joint inspections with the tenant
• For NRW commercial properties: observe specific requirements of the trade ordinance and local authorities
• Maintain an equipment log for technical installations
• Have fire protection reviewed by a specialist before lease start

Landager helps commercial landlords track maintenance schedules, document inspection duties, and coordinate repair tasks.

Back to North Rhine-Westphalia Commercial Lease Law Overview.