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Minor damage in the rented apartment

As minor damage is called minor damage in the rented apartment, which can be eliminated with relatively little effort, for example, dripping faucet, broken door lock, a clamping window handle.

Basically minor damage should be eliminated by the landlord. This is required under the lease to keep the apartment repaired. but is common rolling off the cost as part of the “small repair clause” to the tenant. This may tenancy agreement (within certain limits) of financial support, but not be required to actually carry out the repairs. It remains the responsibility of the landlord to repair the damage themselves or to commission a craftsman.

The Federal Court of the ceiling for small repairs, the cost of which may be contractually imposed on the tenants in several earlier judgments, to 75 euros per case set (eg. As BGH, judgment of 06.05.1992, Az. VIII ZR 129/91). Meanwhile, are often already accepted by the courts of lower instances due to higher prices higher amounts. Thus, the District Court of Braunschweig (116 judgment of 17.3.2005, Az. C 196/05) saw 100 euros as permissible on. Exceeds the amount of repair costs that limit, the total amount must be paid by the landlord.

Effective Small repair clause in the lease must be in addition to the maximum amount in individual cases also contain a maximum of costs per year, with which the tenant may be charged. This is currently (AG Braunschweig, Az. 116 C 196/05) in six to eight percent of the annual rent.

As part of a small repair clause, the cost of repairing can be only if passed on to the tenant when the damage affects parts of the leased property that are exposed to the direct action of the tenant (faucet valve: yes, water pipe under the plaster: no).