Mängelanzeige & Repairs: Landlord Duties 2026
Mängelanzeige & Repairs: Landlord Duties
From the notice, and regardless of whether the repair is "worth it" (§ 535 Abs. 1 S. 2 BGB).
Fail to respond in reasonable time and the rent reduces automatically (§ 536 BGB) and the tenant may have the defect fixed at your expense (§ 536a Abs. 2 BGB).
§ 535 Abs. 1 S. 2 BGBIn 60 seconds
Your principal duty is to provide use of the flat and to maintain it throughout the tenancy (§ 535 Abs. 1 S. 2 BGB). The duty does not depend on whether the repair is worth it.
The exceptions are narrow: damage the tenant caused, small repairs validly transferred by a clause with per-item and annual caps, and mere inconvenience without impairment of use.
No deadline is required for a rent reduction. It takes effect automatically once a substantial defect exists and has been notified.
A deadline is only needed where the tenant wants to have the defect fixed and the cost reimbursed (§ 536a Abs. 2 Nr. 1 BGB); in an emergency even that falls away (Nr. 2).
The tenant may additionally withhold part of the rent (§ 320 BGB), as a rule three to five times the monthly reduction (BGH, 17.06.2015 – VIII ZR 19/14). Unlike the reduction it is paid in arrears after the repair.
What the law says
The landlord must hand the property to the tenant in a condition fit for contractual use and keep it in that condition throughout the tenancy. A defect exists where the actual condition departs from the condition owed under the contract to the tenant's disadvantage and use is impaired more than trivially. Working translation; the German original is the binding text.
What deadline is reasonable?
| Urgency | Example | Reasonable deadline (in practice) |
|---|---|---|
| Acute danger / emergency | Burst pipe, heating failure in winter, power cut | 24–48 hours, immediately in an emergency (§ 536a Abs. 2 Nr. 2 BGB: no deadline) |
| Substantial impairment | Mould, broken boiler, leaking window | 1–2 weeks |
| Ordinary repair | Dripping tap, sticking door | 2–3 weeks |
| Minor defect | Cracked tile, small plaster damage | up to 4 weeks |
Where contractual use remains wholly or substantially withdrawn, the tenant may also terminate without notice (§ 543 Abs. 2 Nr. 1 BGB); where you are at fault, or the defect existed at the outset, damages under § 536a Abs. 1 BGB come on top.
What it means for each side
- Notify in text form: the landlord's response time runs from receipt.
- You need set no deadline for the reduction; you do for self-remedy.
- Withhold part of the rent as well, as leverage.
- Get confirmation of when the repair was completed.
- Acknowledge receipt and state concrete steps. Silence is the most expensive mistake.
- Grade the urgency and book the trade accordingly.
- Document the instruction, the invoice and completion, that is what caps the reduction period.
- Tell the tenant when the defect is fixed.
Common mistakes
Silence leads to default, a running reduction and self-remedy at your expense.
Wrong, the reduction under § 536 BGB takes effect automatically with the notice.
Without a valid clause with per-item and annual caps, small repairs are yours too.
Without evidence of instruction and completion the reduction period cannot be capped. And where self-remedy was valid you owe the necessary costs. The argument is only ever about the amount.
What to do next
Record the date and content of the notice on arrival.
Grade the urgency: emergency, substantial or minor, the deadline follows from that.
Acknowledge receipt, state concrete steps and book a trade promptly.
Document instruction, invoice and completion, and tell the tenant when it ends.
Frequently asked questions
Is a landlord obliged to repair every defect?
Yes. Under § 535 Abs. 1 S. 2 BGB the landlord must keep the rental property in a condition fit for the agreed use throughout the entire tenancy. This duty applies regardless of repair cost, only true trivialities with no impairment of use, and validly transferred Kleinreparaturen (minor repairs, under a valid clause), are excluded.
What deadline must I give the tenant for the repair?
There is no fixed deadline in the law. It must be "angemessen" (reasonable) and depends on urgency. In practice: 24–48 hours or 3–4 days for acute danger (heating failure in winter, burst pipe), 1–2 weeks for serious defects, and up to 4 weeks for minor ones. If you do not respond within the reasonable deadline, you fall into Verzug (default) under § 536a Abs. 2 Nr. 1 BGB.
Can the tenant reduce the rent if I do not repair?
Yes. Under § 536 Abs. 1 BGB the rent is reduced by operation of law as soon as a significant defect exists. You do not need to have missed any deadline; the Mangelanzeige (defect notice) alone suffices. The condition is that the tenant reported the defect under § 536c BGB; otherwise the Mietminderung right lapses (§ 536c Abs. 2 S. 2 Nr. 1 BGB).
What is Selbstvornahme and which costs must I reimburse?
If the tenant sets you a reasonable deadline and it lapses without result, they may have the defect fixed themselves and claim reimbursement of the necessary expenses (Aufwendungsersatz) under § 536a Abs. 2 Nr. 1 BGB. In emergencies needed to preserve the property (§ 536a Abs. 2 Nr. 2 BGB) no deadline is even required. Only the objectively necessary cost of a professional repair is reimbursable.
Must the tenant report the defect in writing?
The Mängelanzeige under § 536c BGB is not bound to any form. It can be oral or by phone and must be "unverzüglich" (without undue delay). Text form is customary for evidence. What matters for you as landlord is the moment of knowledge: your response deadline starts when the notice reaches you.
What happens if the tenant reports a defect too late?
If the tenant fails to give notice under § 536c BGB, they lose their right to Mietminderung, damages and termination without notice for that defect under § 536c Abs. 2 S. 2 BGB, and they are liable to you for consequential damage caused by the missing notice (§ 536c Abs. 2 S. 1 BGB), for example an enlarged water damage.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.