Kleinreparaturklausel: how to write one that is valid
The caps a Kleinreparaturklausel (small-repairs clause) needs, so that the tenant really pays for small repairs.
A Kleinreparaturklausel needs a cap per repair (to be safe, €100 to €120) and a yearly cap (6 to 8% of the annual net rent). Write both into the lease. Only ask the tenant to pay the cost, never to do the repair.
What the Kleinreparaturklausel must contain
If any of these points is missing, the whole clause is void and you pay for every repair yourself.
- 1
A cap per repair
To be safe, set the cap at €100 to €120 including VAT.
- 2
A yearly cap
Set the yearly cap at no more than 6 to 8% of the annual net rent. With a rent of €800 a month, that is €576 to €768 a year.
- 3
Only parts the tenant uses often
The clause can only cover things the tenant uses often and directly, such as taps, light switches and door handles.
- 4
The tenant only pays the cost
The tenant pays the bill. You arrange the repair.
- 5
Repairs above the cap
If a repair costs more than the cap, the tenant pays nothing at all, not even a share.
Why this matters
Under § 535 Abs. 1 S. 2 BGB, you must keep the flat fit for use throughout the tenancy. Only a valid Kleinreparaturklausel moves a capped share of the cost to the tenant.
General information, not legal advice.
Frequently asked questions
How much can a Kleinreparaturklausel make the tenant pay?
A Kleinreparaturklausel can make the tenant pay at most €100 to €120 per repair, including VAT, and at most 6 to 8% of the annual net rent per year. With a net rent of €800 a month, that is €576 to €768 a year.
When is a Kleinreparaturklausel void?
A Kleinreparaturklausel is void if a cap is missing or too high, if it covers parts the tenant cannot reach, or if the tenant has to do the repair themselves (§ 307 BGB). The whole clause then no longer applies, and you pay all the costs.
Does the tenant pay a share if the repair costs more than the cap?
No, the tenant does not pay a share. If a single repair costs more than the cap per repair, the tenant pays nothing at all. You then pay the whole bill.
Also in this topic: Maklerprovision & Bestellerprinzip: who pays?Staffelmiete or Indexmiete: how to agree itPets in a German rental: what landlords can do in 2026
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