Drafting a Valid Kleinreparaturklausel (2026)
Drafting a Valid Kleinreparaturklausel
Only with both caps. Per item and per year. Miss one and the whole clause is void.
By default you bear the full maintenance duty under § 535 Abs. 1 S. 2 BGB. Without a valid clause you pay for every repair yourself, including the smallest.
§ 535 Abs. 1 S. 2 BGBIn 60 seconds
By default you bear all maintenance and repair (§ 535 Abs. 1 S. 2 BGB); the small-repairs clause is the only permissible departure.
It is valid only with both caps (BGH, 07.06.1989 – VIII ZR 91/88): a per-item cap, safely €100–120 including VAT, and an annual cap of 6 up to a maximum 8% of the annual net rent.
It is all or nothing: miss a cap, set it too high or too vaguely, or oblige the tenant to carry out the work, and the whole clause is void (§ 307 BGB). There is no reading-down to the permissible level.
Only items in the tenant's frequent, direct use are covered (§ 28 Abs. 3 S. 2 II. BV). What sits in the wall or on the roof never is.
Where a covered repair costs more than the per-item cap the tenant pays nothing at all, not even the cap as a contribution. With a €100 cap and a €140 invoice, you pay the full €140.
What the law says
The landlord must keep the property in a condition fit for contractual use throughout the tenancy. The full maintenance duty follows from that; only a valid small-repairs clause shifts a capped share of the cost. Never the carrying out of the work. Working translation; the German original is the binding text.
A worked example
A flat at €800 net rent a month, so €9,600 a year.
And within that, each individual repair only up to the per-item cap. The reference figure is the net rent, not the gross rent.
Which repairs count, and which do not?
| Falls under the clause | Does NOT fall under the clause |
|---|---|
| Taps, shower heads, valves | Pipes and pipework in the wall |
| Light switches, sockets | Radiator internals, internal thermostatic valves |
| Door and window handles, locks | Roof, façade, the windows themselves |
| Shutter fastenings, blind straps | Electrical sub-distribution |
| Heating and cooking installations (controls) | anything the tenant cannot reach |
Rule of thumb: what the tenant touches daily can fall under the clause. What sits in the wall or on the roof never does.
What it means for each side
- Check that both caps are in the contract.
- Pay nothing where a single repair exceeds the cap.
- Report the fault and instruct nobody yourself.
- Calculate the annual cap on the net rent.
- State the per-item and the annual figure expressly.
- Keep the per-item figure conservative at €100–120 including VAT.
- Ask only for reimbursement, never for the work to be carried out or instructed.
- Limit the subject matter to § 28 Abs. 3 S. 2 II. BV.
Common mistakes
Or neither. The whole clause is then void and you carry the small repairs too.
Above €120 has no backing from the highest court; some local courts allow up to €150, but that is not something to rely on.
A duty to carry out or instruct the work brings the whole clause down (§ 307 BGB).
Pipework, radiator internals, the roof, and making the tenant contribute pro rata to dearer repairs is equally impermissible.
What to do next
Write both caps expressly into the clause.
Keep the per-item figure at €100–120 including VAT and the annual cap at 6–8% of the annual net rent.
Ask only for reimbursement, never for performance or instruction.
Limit the subject matter to items in frequent direct use.
Frequently asked questions
How high can the Kleinreparaturklausel be at most?
You need two caps. Per individual repair, 100–120 € incl. VAT is safe (some lower courts allow up to 150 €, but this is not confirmed by the highest court. Stay conservative). Per year, the cap is 6 % to a maximum of 8 % of the annual Nettokaltmiete (annual net cold rent). Example: 800 € net cold rent per month = 9,600 € per year, so the annual cap is 576 € (6 %) to 768 € (8 %).
When is a Kleinreparaturklausel void?
When either cap is missing or set too high, when it also covers items the tenant cannot access (pipes, radiators, the roof), or when it obliges the tenant to carry out or commission the repair (§ 307 BGB; BGH VIII ZR 129/91). There is no partial saving (geltungserhaltende Reduktion): the whole clause falls away and you bear all costs.
Who pays if the repair costs more than the cap?
If a repair exceeds the per-repair cap, the tenant pays nothing at all, not even the cap amount as a share (BGH VIII ZR 91/88). The landlord then carries the full repair.
Which repairs fall under the Kleinreparaturklausel?
Only minor damage to fittings for electricity, water and gas, heating and cooking installations, window and door fastenings, and the closing devices of shutters (§ 28 Abs. 3 S. 2 II. BV). The common thread: items of the tenant's frequent, direct use, taps, light switches, sockets, door and window handles, the shutter strap.
Must the tenant carry out or commission the repair?
No. A clause obliging the tenant to carry out or commission the repair is void under § 307 BGB (BGH VIII ZR 129/91). The only permissible duty is to reimburse the cost up to the agreed cap. You must commission the repair yourself.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.