Maintenance and Repairs: Hesse Landlord-Tenant Guide

Responsibility for repairs in Hesse is a frequent source of conflict. The primary legal framework is the German Civil Code (Bürgerliches Gesetzbuch - BGB), which has been in effect since 1 January 1900. 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. In Hesse, residential tenancy disputes fall under the exclusive jurisdiction of the local court (Amtsgericht) in the district where the property is located (§ 23 No. 2a GVG).

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), 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
• 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 (based on BGB § 307):

• 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 (inside), 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. Under BGB § 536a, the tenant may also carry out the repair themselves and claim reimbursement if the landlord is in default (Verzug).

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 under BGB § 823:

• 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 (GEG)

Landlords in Hesse must comply with federal requirements under the Building Energy Act (GEG) (effective 1 November 2020, with major updates 1 January 2024):

• Heating inspection (§ 60b GEG): Non-heat-pump water-based systems in buildings with at least six residential units must undergo an energy efficiency inspection. For systems installed after September 30, 2009, this inspection must occur no later than 15 years after installation. Systems installed before October 1, 2009, must be inspected by September 30, 2027.
• Heat Pump Exemption: Heat pumps are generally exempt from the § 60b inspection requirement if they are already subject to performance inspections.
• Hydraulic Balancing (§ 60c GEG): Required for buildings with at least 6 units using water-based heating systems.

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 and BGB § 307
5. Stay current on heating and energy regulations (GEG)

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

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