Maintenance in Commercial Leases: Triple Net & Structural Clauses in RLP

Fundamentally, the civil code (BGB) in § 535 assigns the so-called "maintenance burden" to the landlord in commercial tenancy law as well. They must maintain the property in a usable condition. However, this regulation is dispositive (alterable) in business transactions.

In the practice of every larger commercial lease agreement in Rhineland-Palatinate, the maintenance duty is completely or partially transferred to the commercial tenant to secure the investor a purely calculable net income ("Net-Lease").

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Commercial leases are highly complex and almost always deviate from statutory standard regulations. Always consult a licensed attorney in Germany for advice specific to your situation. Information last verified: March 2026.

1. Cosmetic Repairs in Commercial

As with residential space, the landlord can burden the tenant with the duty for cosmetic repairs (painting, wallpapering) in commercial spaces via form contracts. Here too (as with residential space): rigid deadlines for when painting must occur (e.g., strictly after three, five, and eight years) are invalid. The repairs must be based on actual wear and tear. A clause stating that "the return of the rented property upon move-out must be freshly painted" (so-called final renovation clause) is often also impermissible under AGB law.

2. Maintenance and "Roof and Structure"

The decisive cost transfer reaches deep into the building fabric of the properties.

Scope of Maintenance Duty for the Tenant

• It is customary and fully permissible to burden the tenant (via form contract) with the ongoing maintenance of the rented interior spaces (floor coverings, walls, fittings).
• Caution with "Roof and Structure" (Dach und Fach): Clauses according to which the tenant must bear all maintenance (i.e., also for the roof, facade, load-bearing components) of the commercial property ("Triple-Net-Lease" following the Anglo-Saxon model) are regularly "overturned" by courts in form contracts (AGB) as overly disadvantageous.
• Exceptions: If the building was leased, for example, as a "Single-Tenant" and remodeled exactly for this tenant as a "Roof and Structure" lease ("Bare-Shell") in months of individual negotiations—and an appropriate rent price reduction was agreed upon here—more far-reaching duties can be transferred to the tenant.

Technical Facilities (Heating, Ventilation, Air Conditioning)

An AGB clause obliging the tenant to repair, maintain, and renew (replace upon defect) the centrally installed large heating and air conditioning systems is often only effective if the tenant is granted a financial upper limit in the contract ("maximum amount X euros per year for repairs and renewal of building technology"). Otherwise, the tenant assumes the absolutely incalculable cost risk of a 100,000 euro boiler exchange—which is usually invalid.

3. Rebuilding and Restoration Duty

Commercial tenants often rebuild spaces significantly according to the requirements of their business model (drywall for offices, platforms for gastronomy). The lease agreement should absolutely mandatorily regulate that these alterations require the landlord's written consent (often paired with the submission of fire protection reports).

At the end of the often multi-year term, the mandatory formal obligation of the restoration duty (Rückbaupflicht) is in the room. Contracts should clearly state the return conditions:

• Either: "The tenant must restore the original condition handed over by the landlord (broom-clean and cleared)."
• Or: "The landlord is granted the option right to take over value-adding installations of the tenant for a discount or free of charge."

Maintenance Documentation with Landager

In the commercial segment, clear allocations of responsibility decide the net yield of the asset. With Landager, you assign maintenance tickets and costs automatically based on individual contract clauses (who pays what: tenant or owner), budget future CapEx renewals, and manage acceptance logs upon move-out including legally secure tracking of outstanding restoration obligations.

Back to Commercial Tenancy Law Rhineland-Palatinate Overview.