Kleinreparaturklausel: When Is It Valid? (2026)

A Kleinreparaturklausel (small-repairs clause) is a provision in the Mietvertrag (lease) through which the landlord shifts the cost of minor repairs onto you as the tenant. It is the only permitted exception to the statutory default — and it is valid only under narrow conditions.

The most important point first: as a rule, under § 535 Abs. 1 S. 2 BGB the landlord bears all maintenance and repair costs. They must hand over the flat "in a condition suitable for use in accordance with the contract and maintain it in that condition during the tenancy". A Kleinreparaturklausel shifts only a small, capped slice of that — and only if it is correctly worded. If it is not, the landlord pays even the €30 repair.

What can a Kleinreparaturklausel actually cover?

It may cover only items exposed to the tenant's frequent, direct access. This definition is derived by analogy from § 28 Abs. 3 S. 2 of the II. Berechnungsverordnung (II. BV, the Second Calculation Ordinance): installation items for electricity, water and gas, heating and cooking appliances, and window and door fastenings.

Covered by the clause	NOT covered
Taps, mixer fittings, shower heads	Pipes inside the wall
Light switches, sockets	The heating system itself
Door and window handles	Seals behind tiles
Roller-blind straps, blinds	Anything you cannot access

The logic: you should only answer for the things you use daily and that wear out through your use. Whatever sits behind the wall or belongs to the building's technical systems always remains the landlord's responsibility.

The four requirements for a valid clause

A Kleinreparaturklausel is valid only if all four of the following are met. If even one is missing, the entire clause is void — there is no "geltungserhaltende Reduktion" (validity-preserving reduction) that would trim the clause back to the maximum still permissible.

1. Limited to specific items

The clause may relate only to items of frequent access (§ 28 Abs. 3 S. 2 II. BV by analogy, see the table above). A clause that flatly covers "all repairs up to €100" is drawn too widely and is therefore void.

2. A per-repair cap

A maximum amount per individual repair must be set. A robust, court-tested benchmark is around €100 (sometimes plus VAT). There is no statutory fixed euro figure; the values come from case law and rise with the rent level. Around €75 is considered safely permissible; some local courts (Amtsgerichte) have upheld higher limits — but you should not rely on that.

3. An annual cap

An overall cap on the sum of all Kleinreparaturen per year is also mandatory. Common and court-tested are 6% of the gross annual rent or 8% of the net cold annual rent (Jahresnettokaltmiete). An annual cap clearly above 8% of the net cold annual rent is considered unreasonably high and can render the clause void. If the annual cap is missing entirely, the clause is wholly void — the BGH (Federal Court of Justice) made this clear in its leading decision (BGH, 7 June 1989 – VIII ZR 91/88).

4. No duty to carry out the repair yourself

Only the cost can be shifted, never the execution or commissioning. A "Vornahmeklausel" (do-it-yourself clause) obliging you to organise the repair or hire a tradesperson is void (BGH, 6 May 1992 – VIII ZR 129/91) — even if it was individually agreed. Organising the work remains the landlord's job.

Achtung: If a single repair exceeds the agreed per-repair limit, you pay nothing — not even the amount up to the limit. There is no proportional deductible. A €250 repair with a per-repair limit of €100 is borne entirely by the landlord.

Common mistakes

• "I pay up to the limit, the landlord pays the rest." Wrong. If the single repair exceeds the limit, the landlord bears the whole bill; there is no deductible.
• Overlooking a missing annual cap. Many clauses name only a per-repair figure. Without an additional annual cap, the entire clause is void.
• Hiring a tradesperson yourself because "the contract says so". A duty to commission is void. You only have to report the defect.
• Paying for pipes or the heating. These parts never fall under a Kleinreparaturklausel, no matter how cheap the repair.
• Paying without checking the clause. If the clause is void for any one of the four reasons, § 535 BGB applies and the landlord bears all costs — including small ones.

What you should do

First check whether your Mietvertrag contains a Kleinreparaturklausel at all and whether it meets all four requirements. Always report a defect to the landlord in writing, and do not hire a tradesperson yourself unasked. Keep invoices in case you paid wrongly — amounts paid in excess can be reclaimed.

With HausMaus it's simpler

With HausMaus you upload your Mietvertrag and receive a plain-language analysis that checks whether the Kleinreparaturklausel meets all four requirements — or is void. You report defects directly through the "report an issue" feature to your landlord, so commissioning stays where it belongs. All documents, invoices and messages are collected in one place in your digital Mietakte (lease file). HausMaus is free for tenants. Wohnen, geregelt.