Kleinreparaturklausel in the Lease: What Applies in 2026?

What is a Kleinreparaturklausel?

A Kleinreparaturklausel (small-repairs clause) is an agreement in the Mietvertrag (lease) by which you as landlord pass the cost of minor repairs to the tenant. It is the only permitted deviation from your statutory duty.

Because by default you carry full upkeep and repair of the rented property under § 535 Abs. 1 S. 2 BGB. Without an express, valid clause you pay every repair yourself — even the smallest one.

The two caps, without which nothing works (BGH VIII ZR 91/88)

A Kleinreparaturklausel in a standard-form lease is valid only if it contains both caps (leading ruling BGH, 07.06.1989, VIII ZR 91/88):

1. Per-repair cap: safely 100–120 € incl. VAT (final price). Some newer lower courts allow up to 150 €, but this is not confirmed by the highest court — stay conservative.
2. Annual cap: 6 % to a maximum of 8 % of the annual Nettokaltmiete (annual net cold rent) per calendar year.

Achtung: It is all or nothing. If either cap is missing, set too high, or unclear, or if the clause obliges the tenant to carry out the repair, the entire clause is void (§ 307 BGB). There is no partial saving down to the permissible level (geltungserhaltende Reduktion) — you then bear all costs, including those of the small repairs.

How to calculate the annual cap

The reference figure is the Nettokaltmiete (net cold rent), not the warm rent.

• Net cold rent: 800 € / month → 9,600 € / year
• 6 %: 576 € / year | 8 %: 768 € / year

In this example you can bill the tenant at most 576 € to 768 € of small repairs per calendar year — and of that, each single repair only up to the per-repair cap of 100–120 €.

Which repairs count — and which do not?

The decisive provision is § 28 Abs. 3 S. 2 II. BV (Zweite Berechnungsverordnung, the Second Calculation Ordinance). Only items of the tenant's frequent, direct use are covered.

Falls under the clause	Does NOT fall under the clause
Taps, shower heads, valves	Pipes and conduits inside the wall
Light switches, sockets	Radiator internals, internal thermostat valves
Door and window handles, locks	Roof, façade, the windows themselves
Shutter fastenings, shutter strap	Electrical sub-distribution
Heating and cooking installations (controls)	Anything the tenant cannot access

Rule of thumb: what the tenant touches daily can fall under the clause. What sits inside the wall or on the roof never does.

Who pays when it gets more expensive?

If a covered repair costs more than the per-repair cap, the tenant pays nothing — not even the cap amount as a share (BGH, 07.06.1989, VIII ZR 91/88). You then carry the full repair.

Example: per-repair cap 100 €, the broken window handle costs 140 € to repair → you pay the full 140 €, not the tenant 100 € and you 40 €.

How to draft a valid clause

• Name both caps expressly (per-repair amount and annual amount).
• Keep the per-repair amount conservative at 100–120 € incl. VAT.
• State the annual cap as a percentage of the annual Nettokaltmiete (6–8 %).
• Require only reimbursement of cost — never execution or commissioning.
• Limit the scope of items to § 28 Abs. 3 S. 2 II. BV.

Common mistakes that void the clause

• Only one of the two caps named (or none at all).
• Per-repair amount set too high (over 120 €, without case-law backing).
• Tenant obliged to carry out or commission the repair (§ 307 BGB).
• Items the tenant cannot access (pipes, radiators, roof) included.
• Tenant made to share in more expensive repairs proportionally.

HausMaus makes this easier

HausMaus generates your Mietvertrag with a current, valid Kleinreparaturklausel built in — both caps set correctly and limited to cost reimbursement only. When a repair comes up, you log it as a Ticket and assign it to a handworker; you upload the invoice straight to the case, so it stays clear what falls under the clause and what you carry yourself. Wohnen, geregelt. (Home, handled.)