Commercial Maintenance Obligations in North Rhine-Westphalia

In commercial lease law, maintenance obligations can largely be transferred to the tenant by contract — a main difference from residential tenancy law. In North Rhine-Westphalia, as throughout Germany, these duties are governed by the Bürgerliches Gesetzbuch (BGB), which originally came into force on 1 January 1900. It is therefore required to clearly and unambiguously define maintenance responsibilities in the commercial lease.

Legal DisclaimerThis guide provides general legal information. Lease laws can change. Always consult a licensed notary or lawyer in this region.

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. However, for cosmetic repairs, clauses in standard form contracts that impose rigid deadlines irrespective of the actual need for renovation are generally ineffective under § 307 BGB.

Limitation: Complete transfer of maintenance — including building structure — to the tenant is impermissible under BGH case law (e.g., XII ZR 84/06) and may render the clause partially void under § 307 BGB.

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: