39 / 43
© 2016 Dwellworks
Page 38
Discovering Germany
For utility costs, such as electricity, water, and gas, the tenant often has to sign his own
contract with the utility providers. In most cases the tenant pays in monthly, bi-monthly, or
quarterly instalments and once a year receives a balance according to actual usage.
Minor Repairs (
Kleinreparaturen
)
There is a special clause in rental contracts stipulating that certain minor repairs on fixtures
and fittings have to be paid by the tenant, but only under certain conditions. While the
amount the tenant has to pay can differ from contract to contract, the total amount should not
exceed approximately 8-10% of the year’s net rent.
Renovation Work
(
Renovierung
)
Renovating/Painting a property has become a complex topic in
Germany. Landlords can pass on some costs to tenants
regarding painting and renovation of the property. Some
landlords insist on a newly painted property at move-out. New
rules have recently been introduced by the High Court, however,
not all landlords adhere to these. There is also conflicting advice
from lawyers, so this can be a cause of conflict.
During the Lease (
Schönheitsreparaturen
)
The tenant is sometimes required to undertake refurbishing at his own costs (renewal of
wallpaper, painting and plastering of walls and ceilings, floor/parquet/carpets, radiators and
pipes, the inner doors, windows and outer doors on the inside, skirting boards) in a
professional manner when needed, normally at the following intervals. If this clause is
included with no further referral to other renovation clauses, then this clause is valid. The
intervals may differ from lease to lease.
Bath, kitchen, toilet: every three years
Living room, dining room, etc.: every five years
Smoke Detectors
In general, landlords have the obligation to install smoke detectors in their properties in
Germany. At least one smoke detector should be in all rooms and hallways. Sometimes old
buildings are excluded or will join this regulation at a later date. The landlord is responsible
for the installation of smoke detectors. They are legally allowed to pass on all charges
related to smoke detectors to the tenant in the annual associated lease cost invoice
(
Nebenkostenabrechnung
). The landlord is also allowed to pass on the responsibility for the
maintenance to the tenant.
Waste Disposal Regulations
Waste disposal and waste separation is an issue of great concern in Germany and since
1991 has been following a strict policy. The Packaging Ordinance of 1991 placed the
responsibility for minimizing waste on manufacturers. They are therefore obliged to take
back the packaging of their goods and reuse or recycle it. As a result, the Green Dot System
(
Grüner Punkt
) was introduced. It is a way to facilitate the industry’s compliance with
German regulations concerning waste management. Two objectives were fixed: one for
gathering waste and the other for separating it.