Berlin Property - Landlord and Tenant's Duties

The landlord and tenant have certain responsibilities that they must fulfil. These can vary according to the terms of the lease but all are designed to ensure protection to both parties. Below are some examples of these types of responsibilities

Duties Landlord

• Handover the apartment in a condition which is according to the lease agreement.
• Ensure that during the time of the lease the property is kept in condition as per the lease, i.e. Window breaks, door cracks → landlord’s responsibility
• Handing over of keys on the day of which the lease starts
• Ensuring that tenant can leave and enter his leased property without “danger”, i.e. there should be sufficient lights in the hall ways, when it’s snowing and if ice in front of building → landlord has to ensure that it is not slippery….

It is common practice for the landlord to appoint a management company to take care of the above items both from a practical and convenience point of view.

The tenant can be made responsible for small repairs on the property which are due to normal “usage” of the property which are so called “Beauty-repairs” (Schoenheitsreparaturen), i.e. painting of walls, doors, ceilings, windows, floors etc. Tennant and landlord can agree a time table for when these need to be done latest which is suggested by law as:

Duties Tenant

• Pay the rent (normally 3rd day of the month)
• Pay the additional costs (“running costs such as water & electricity etc.”)
• The Tennant must inform the landlord immediately if something is not right, i.e. dripping water from sink, crack in wall etc.
• Informing the landlord immediately if the property is in danger of being damaged , i.e. the roof is in a perilous state and may be damaged if a storm arrives
• Advising the landlord if a third party tries to use the property, i.e. Putting up of signs on the outside wall, parking of car in the drive way etc.
• Allowing the landlord to check the property every 2 years
• If owner wants to sell the property, the tenant must ensure that property can be viewed during the hours of 10am -1pm and 3pm to 6pm – the tenant needs to be notified that property will be viewed at least 24 hours before viewing
• Tennant must let the landlord do all necessary repairs ( unless the work to be done would be exceptionally hard to bear for the tenant, i.e. very old tenant)
• Take care of the property and only use it according to contract
• Tennant must ensure proper ventilation ( fresh air)
• Tennant should use the sanitary installations with care
• Tennant must ensure that property not damages, i.e. if very windy they must close windows, empty drainage if frost about to come
• Careful usage of dishwashers and washing machines
• If away longer, the tenant should hand a key to a person he/ she trusts to ensure all the above are being taken care of during his/ her absence

What is forbidden?

• Washing and drying of a huge amount of clothing in the flat
• Tennant cannot change the structure of property, i.e., wall etc
• The flat cannot be used for business purposes
• Rent certain rooms out to third persons
• Tennant can’t threaten / annoy / disturb other tenants in the house

Useful links

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• Discover the top ten reasons for purchasing Berlin property

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