Thuringia Commercial Maintenance: Landlord & Tenant Obligations

The baseline for property maintenance in German tenancy law is the landlord's statutory duty under the Bürgerliches Gesetzbuch (BGB), effective since 1 January 1900. Specifically, § 535 BGB mandates that the landlord deliver the property in a condition fit for its intended use and maintain it in that condition throughout the tenancy. This applies to commercial tenancies in Thuringia just as it does to residential ones — but commercial leases routinely reallocate much of this duty to the tenant through contract, within limits set by German courts.

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

Default Rule: Landlord's Maintenance Duty

Without a contractual reallocation, the landlord in Thuringia is responsible for:

• Structural elements: Roof, load-bearing walls, foundations, facade
• Building systems: Central heating and hot water supply, main electrical distribution, shared lifts
• External envelope: Windows and external doors (frames and glass), waterproofing
• Communal areas: Shared corridors, car parks, lifts, loading bays
• Compliance works: Changes required by new regulatory standards (fire safety upgrades, building code amendments) that relate to the building itself rather than the tenant's specific use

The Shell-and-Core Division ("Dach und Fach")

German commercial leases routinely use a "Dach und Fach" (shell-and-core) clause to split maintenance obligations:

This allocation is common and widely upheld by courts when properly drafted as an individually negotiated clause or within the limits permitted for AGB.

AGB Limits on Maintenance Transfers

Where maintenance clauses appear in standard-form contracts (AGB), courts apply § 307 BGB to prevent unfair risk transfers. Clauses found void in AGB context include:

• Total maintenance transfer — requiring the tenant to bear all costs including structural works, aging installations, and complete system replacements
• Reinstatement to "new condition" — requiring the tenant to return the premises in a condition better than at handover
• Mandatory periodic renovation regardless of condition — fixed-interval decoration obligations without regard to actual wear

Safe harbours: Under § 307 BGB, small-scale maintenance clauses in standard-form contracts (AGB) are only valid if they include a per-repair cap (typically €100–€150) and an annual total cap (typically 6–10% of the annual net cold rent). Clauses exceeding these thresholds or lacking a total annual cap are void. Individually negotiated contracts can go much further — up to and including true triple-net obligations on the right facts.

Tenant-Installed Fit-Out and Reinstatement

Commercial tenants often invest significantly in tenant fit-out: partitions, specialist floors, suspended ceilings, server rooms, and signage. At the end of the tenancy (§ 546 BGB), the general rule is:

• Unless the lease says otherwise, the tenant must reinstate to the original ("white box") state and remove all fit-out at their own cost.
• Landlords may alternatively agree to retain some or all fit-out (with or without a payment) if it adds value.
• Reinstatement disputes are frequent — the scope of reinstatement obligations should be defined precisely in the lease, ideally with a visual schedule.

Claims Time Limit

All landlord claims for damage to the premises or failure to reinstate (Rückbau) must be pursued within six months of the tenant handing back the keys (§ 548 Abs. 1 BGB). After this strict limitation period, such claims are time-barred — even if discovered later. Jurisdiction for these claims falls to the Amtsgericht (District Court) for disputes up to and including €5,000 (§ 23 No. 1 GVG) or the Landgericht (Regional Court) for values exceeding that amount (§ 71 GVG).

Regulatory Compliance Works

When new fire safety rules, accessibility requirements, or environmental standards are imposed by the Thüringer Bauordnung (ThürBO) or federal authorities during the lease, the question of who pays is critical:

• Works required because of the building's general nature (regardless of who occupies it) → typically the landlord's cost.
• Works required specifically because of the tenant's use (e.g., enhanced ventilation required for a chemical laboratory or food processing facility) → typically the tenant's cost or subject to negotiation.

Best Practices for Commercial Landlords

1. Define maintenance scope in the lease with precision — generic "Dach und Fach" language leaves too much ambiguity. List specific items.
2. Commission a detailed schedule of condition at handover — this establishes the baseline from which tenant damage and reinstatement obligations are measured.
3. Act within six months on any exit defects — do not wait to fully assess and claim for deficiencies; the limitation clock runs immediately.

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