Maintenance Obligations in Lower Saxony: Landlord & Tenant

German tenancy law generally assigns the maintenance and repair of a rented property to the owner (landlord). This applies in full in Lower Saxony. However, tenants may be contractually involved in cosmetic repairs and minor repairs within certain limits.

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The Duties of the Landlord (§ 535 BGB)

The landlord must hand over the rented property to the tenant in a "condition suitable for the contractual use" and maintain it in this condition during the rental period.

maintenance obligations include:

• Heating and hot water: The landlord must ensure that during the heating season (in Germany generally from October 1st to April 30th) temperatures of 20°C to 22°C can be reached during the day and 18°C at night. Hot water supply must also work 24 hours, 365 days a year.
• Building waterproofing: The roof must be tight, pipes must not emit moisture, and windows should close wind-tight.
• Sanitary & electrical installations: Water pipes, power lines, and sockets must be provided in an operationally safe and functioning manner (pay attention to outdated, safety-critical electrical systems built before 1970).
• Smoke alarms: The statutory duty in Lower Saxony to maintain and repair smoke alarms generally lies with the owner, unless the operational readiness has been effectively allocated to the tenant.

If a material defect (e.g., a burst pipe) does not occur through the tenant's fault, the landlord bears the entire repair costs.

Obligations and Rights of the Tenant

The tenant does not have to carry out any substantial repairs. However, they have duties of care and reporting:

1. Duty of Care: The apartment must be adequately heated, regularly shock-ventilated, and treated carefully (mold prevention).
2. Duty to Report (§ 536c BGB): If a defect occurs, the tenant must immediately report this to the landlord so that consequential damages (such as deep penetrating water from a burst pipe) are avoided.
3. Cosmetic Repairs: Only if contractually agreed upon and the apartment was handed over renovated upon moving in, must the tenant paint and wallpaper walls.
4. Minor Repairs: A permissible contractual clause can involve the tenant in minor damage (to frequently used things like faucets, light switches), in Lower Saxony usually limited to approx. 100 - 120 euros per individual case (see Lease Requirements미리보기를 사용할 수 없습니다).

Rent Reduction After Notification of Defects (§ 536 BGB)

If the suitability of the apartment is reduced (e.g., heating failure in winter, extreme construction noise), the rent automatically decreases by law from the moment the defect is reported to the landlord.

The reduction quota depends on the individual case and the intensity of the disruption.

• Total heating failure in December: up to 100% rent reduction
• Leaky windows, dampness: approx. 10-20%
• Construction noise in the neighboring house: approx. 10-15%

In addition, the tenant has the right to "substitute performance" if the landlord does not react even after a reasonable grace period: The tenant may have the defect remedied at the landlord's expense (e.g., emergency plumbing service).

Mold in the Rented Property: The Most Common Dispute

In Lower Saxony, as everywhere in Germany, court disputes very often ignite over the topic of residential mold. If mold infestation is determined, the landlord must be able to prove that there is no structural defect in the building envelope or insulation (e.g., thermal bridges). If they succeed in doing so (e.g., through an expert opinion), the tenant must exonerate themselves and prove that their heating and ventilation behavior was correct.

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