Minor repairs clause: the four conditions that can invalidate it

EverReal Editorial Team. The same leasing technology chosen by 450+ real estate companies. Last updated: October 2026.

Problem: The minor repairs clause is in the contract and yet cannot be enforced. Cause: It lapses entirely as soon as one of the four conditions is missing, not just partially. Thesis: Four checks on a single sentence determine who pays the bill.

A minor repairs clause transfers the costs of minor repairs to the tenant. In a pre-formulated residential lease agreement, it is only valid if it meets four conditions: only items subject to frequent physical access, an amount per repair, an annual cap, and only the costs rather than an obligation to carry out the repair. If one is missing, the entire clause is void.

Minor repairs in the lease agreement: who pays without a clause?

The starting point is found in Section 535 (1) Sentence 2 of the German Civil Code (BGB): The landlord must maintain the leased property in a condition suitable for the contractual use throughout the lease term. The landlord therefore generally bears the costs themselves, even for a dripping faucet. This does not apply to damage for which the tenant is responsible; for this, the tenant is fundamentally liable under Section 280 (1) BGB, regardless of the clause.

A minor repairs clause shifts part of these costs to the tenant, regardless of who caused the damage. In a standard pre-formulated template, it is generally considered general terms and conditions (Section 305 BGB) and is reviewed under Section 307 BGB: Provisions that “unreasonably disadvantage the contractual partner contrary to the requirements of good faith” are ineffective. The Federal Court of Justice (BGH) permits deviation only within narrow limits, in the interest of legal certainty (BGH, judgment of May 6, 1992, VIII ZR 129/91).

When is a minor repairs clause invalid? The four conditions

The four conditions summarize the case law of the BGH editorially. They are based on two judgments regarding standard residential lease agreements, dating back to Section 9 of the AGB Act, the predecessor of Section 307 BGB: Judgment of June 7, 1989 (VIII ZR 91/88, BGHZ 108, 1) and judgment of May 6, 1992 (VIII ZR 129/91, BGHZ 118, 194).

1. Items subject to frequent physical access. The clause must be limited to parts of the leased property that are frequently accessed by the tenant. As a comparison, the BGH refers to Section 28 (3) Sentence 2 of the Second Calculation Ordinance (II. BV), a regulation for calculation in subsidized housing: minor damage to installation items for electricity, water, and gas, to heating and cooking facilities, to window and door latches, and to locking mechanisms of window shutters. Flawed wording: “The tenant bears the costs of minor repairs in the apartment.” No specific item is mentioned. If the clause also covers parts that the tenant does not frequently access, it is invalid (BGH, June 7, 1989).

2. Amount per repair. The clause must specify an amount up to which a repair is considered minor. Above this amount, the landlord bears the entire cost of the repair: clauses requiring the tenant to contribute a fixed amount to more expensive repairs or replacement purchases were rejected by the BGH in 1989. Flawed wording: “For higher costs, the tenant contributes 100 euros.”

3. Annual cap. The clause requires a maximum limit in case several minor repairs arise within a period, such as within a year. This was one of the reasons the clause reviewed in 1989 failed; a missing total limit cannot be added by interpretation. Flawed wording: a clear individual amount and nothing else.

4. Cost assumption instead of repair duty. According to the official guiding principle of 1992, a clause unreasonably disadvantages the tenant if they are required to “carry out minor repairs themselves,” even if the obligation is limited in terms of objects and amounts. The BGH also considered issuing orders and demanding reimbursements as an undue burden beyond the mere bearing of costs. Flawed wording: “The tenant must have minor repairs carried out.”

If one condition is missing, the clause is not scaled back to what is permissible; the BGH rejected reduction to preserve validity (geltungserhaltende Reduktion) in 1989. Pursuant to Section 306 BGB, the remainder of the contract remains effective, and the content is governed by statutory provisions. See Lease agreement template to copy: mandatory contents to see which other clauses in the lease agreement may fail.

What maximum limit applies to minor repairs?

A binding maximum limit in euros is neither in the law nor in any BGH ruling.

In its judgment of June 7, 1989 (VIII ZR 91/88), the BGH considered an amount of DM 100 per repair, approximately 51 euros, to be a minor repair under the conditions at the time. For the aggregate limit, it left the form open and only cited figures from legal literature, in each case per year: a fixed amount of DM 300 (around 153 euros) up to 8 percent of the annual rent.

Regarding euro amounts, there are decisions by individual local courts (Amtsgerichte) that differ in their outcomes. On April 4, 2013 (25 C 19/13), the Local Court of Bingen considered 120 euros per repair with a base net rent of 450 euros to be too high and declared the clause invalid; according to the case review by attorney Dr. Kotz, it cited legal commentaries that consider 75 to 100 euros permissible. According to reports, the Local Court of Völklingen considered 150 euros in an individual case and an aggregate of 8 percent of the annual base rent to be appropriate in an order dated January 10, 2023 (5 C 188/22). Neither decision is binding on other courts, and 150 euros is therefore not a certain threshold.

This results in an unequal calculation: A figure that is too low costs a few repairs; one that is too high costs the entire clause. Therefore, this article does not recommend a specific amount. Have your chosen figure reviewed against current case law by a specialist attorney or your property owners' association.

Mark four elements in the sentence

Search the agreement for “minor repairs” or “maintenance”. Mark the items, the amount per repair, the amount per year, and the verb. If any part is missing, the outcome is clear.

Check every listed item

“Faucets, light switches, power outlets, window and door latches” adheres to the items of the Second Calculation Ordinance; “all furnishings of the apartment” does not. Examine boilers and anything the tenant cannot access in everyday life particularly critically. The clause does not cover replacement purchases.

Set both limits

Amount per repair and amount per year are two conditions. The BGH left open whether the annual limit is a fixed amount or a percentage of the annual rent.

Watch the verb

“Bears the costs” fulfills this condition. “Must undertake”, “must carry out”, and “must have carried out” do not hold up, regardless of how narrowly the clause is otherwise drafted.

Closing a gap by redrafting

In an ongoing lease agreement, an invalid clause cannot be replaced unilaterally; any modification requires an agreement between the parties (Section 311 (1) BGB). In the next contract, review by a specialist lawyer or the property owners' association helps. Omitting the clause entirely is also an option, in which case Section 535 BGB applies.

Conclusion

A minor repairs clause is a sentence with four predetermined breaking points: three are amounts and enumerations, the fourth is a verb.

See Renting out an apartment: the complete process to understand where the lease agreement fits into the workflow. Fixed terms in fixed-term leases can also fail due to strict requirements; read more in Fixed-term lease and time limits.

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What the minor repairs clause does not regulate

Minor repairs and cosmetic repairs (decorating) are two separate regulations with their own validity requirements; each clause is reviewed independently and can be invalid on its own. The minor repairs clause concerns rectifying minor damage during the tenancy. Periodic cosmetic repairs, on the other hand, typically only arise after longer intervals and generally do not constitute a defect (BGH, May 6, 1992, VIII ZR 129/91). What this includes can be found in the glossary entry on cosmetic repairs.

Legal notice: We do not provide legal advice. For specific legal questions, consult a specialist attorney for tenancy and residential property law or your local property owners' association, such as Haus & Grund.

Legal status: October 2026, according to the norms and rulings cited below.

Sources

• BGB, gesetze-im-internet.de, retrieved on October 14, 2026: Section 305, Section 306, Section 307, Section 311, Section 535, Section 812, Section 280

• Second Calculation Ordinance, Section 28, gesetze-im-internet.de, retrieved on October 14, 2026 (directly applicable to calculations for subsidized housing, referenced as a comparison by the BGH)

• BGH, judgment of June 7, 1989, case no. VIII ZR 91/88 (BGHZ 108, 1 = NJW 1989, 2247), official headnote and reasoning via the Haufe decision database, retrieved on October 14, 2026

• BGH, judgment of May 6, 1992, case no. VIII ZR 129/91 (BGHZ 118, 194 = NJW 1992, 1759), full text of the judgment (PDF, copy of Vermieterverein e.V.), retrieved on October 14, 2026

• AG Bingen, judgment of April 4, 2013, case no. 25 C 19/13, excerpt in the case review by Attorney Dr. Kotz, retrieved on October 14, 2026 (full text not verified; the figure of 75 to 100 euros according to this review)

• AG Völklingen, order of January 10, 2023, case no. 5 C 188/22, according to reports by AnwaltOnline and ImmoScout24, retrieved on October 14, 2026 (full text not verified)

• AG Köln, judgment of January 27, 2011, case no. 210 C 324/10, according to the summary by AnwaltOnline, retrieved on October 14, 2026 (full text not verified)

• 450+ real estate companies: EverReal internal data, as of September 2026

Frequently asked questions

What is a minor repairs clause?

A minor repairs clause is an agreement in the lease according to which the tenant bears the costs of minor repairs, even though maintaining the apartment is the landlord's responsibility under Section 535 (1) Sentence 2 BGB. In a pre-formulated contract, it is only valid if four conditions come together: a limitation to items subject to frequent physical access by the tenant, an amount per repair, an aggregate limit for all minor repairs within a period, such as one year, and the restriction to the costs alone. In a pre-formulated contract, the tenant may only be obligated to pay, not to carry out or commission the repair themselves.

Up to what amount does the tenant have to pay?

There is no statutory amount. The Federal Court of Justice requires an overall cap for all minor repairs within a period, such as one year; as an amount per repair, it accepted DM 100 in 1989 and does not establish a binding euro amount (BGH, June 7, 1989, VIII ZR 91/88). Courts decide on a case-by-case basis: On April 4, 2013 (25 C 19/13), the Local Court of Bingen considered 120 euros per repair with a base net rent of 450 euros to be too high and cited commentaries that consider 75 to 100 euros permissible; according to reports, the Local Court of Völklingen considered 150 euros in an individual case and an aggregate of 8 percent of the annual base rent to be appropriate in an order dated January 10, 2023 (5 C 188/22). If a repair costs more than the individual threshold, the tenant pays nothing—neither the difference nor a proportionate share (BGH, June 7, 1989).

What happens if the clause is invalid?

An invalid minor repairs clause becomes entirely void, not just the part that goes too far. The Federal Court of Justice rejects scaling the clause back to what would have been legally permissible (reduction to preserve validity) (BGH, judgment of June 7, 1989, VIII ZR 91/88). The remainder of the lease agreement remains valid, and the content is determined by statutory provisions (Section 306 (1) and (2) BGB). In this context, that is Section 535 (1) Sentence 2 BGB, meaning the landlord's maintenance obligation. In practice, this means: The landlord bears the costs of every repair within the scope of their maintenance duty, even one for 40 euros. This does not apply to damage for which the tenant is responsible; for that, the tenant is fundamentally liable under Section 280 (1) BGB, regardless of the clause. The tenant can generally reclaim amounts already paid under the rules of unjust enrichment (Section 812 (1) BGB).

Does it also apply to heating repairs?

Not blanketly for the entire heating system: The clause only covers parts that are subject to frequent physical access by the tenant; whether an individual component qualifies is decided on a case-by-case basis. The Second Calculation Ordinance cites “heating and cooking facilities” for comparison. Caution is advised with boilers: On January 27, 2011 (210 C 324/10), the Local Court of Cologne declared an entire clause invalid because it also encompassed parts not subject to frequent physical access by the tenant; the list included heating boilers, among other items. Furthermore, a minor repairs clause covers rectifying damage, not the replacement purchase of an appliance.

Which minor repairs does the tenant have to pay for?

The tenant only pays for minor repairs that are stipulated in a valid clause in the lease agreement. Without a valid clause, the landlord bears the costs of maintenance (Section 535 (1) Sentence 2 BGB). This does not apply to damage for which the tenant is responsible; for that, they are fundamentally liable under Section 280 (1) BGB, regardless of the clause. This refers to minor damage to parts frequently used by the tenant, such as power outlets, faucets, and door locks. For comparison, the BGH references the list in Section 28 (3) Sentence 2 of the Second Calculation Ordinance. What is paid for is the rectification of the damage up to the clause’s limits, not a replacement purchase.