Landlord duties checklist

Why the duties matter

As the owner you must ensure that your building poses no danger, to your tenants, to visitors and to passers-by on the pavement. If something happens, insurers and courts ask whether you fulfilled your duties. Documented inspections let you prove it. Legally this is the duty to maintain safety: if you breach it through fault and someone is harmed, you are liable for damages under § 823 (1) BGB.

The checklist first asks what your building has, such as a lift, a central hot water system or trees on the plot, and only shows you the duties that apply to you.

How often which duties come up

Most duties at the property recur every year, some at fixed intervals of two, three or ten years, and some depend on the season and the weather. With this rhythm you can plan the year ahead.

• Every year: check smoke alarms, have the heating serviced, inspect trees, review insurance cover.
• Every two years: main inspection of the lift, with an intermediate inspection in between.
• Every three years: have drinking water tested for legionella if it is a large system.
• As notified: the chimney sweep's fireplace inspection and measurements according to the notice.
• Every ten years: renew the energy certificate, because it is valid for ten years (§ 79 (3) GModG, formerly GEG).
• Depending on the weather: winter service, roof and gutters after storms and before winter.

Smoke alarms, legionella and heating

Smoke alarms are mandatory in all federal states and must be checked every year; the state building code decides who maintains them, you or your tenant.

You must have drinking water in large systems tested for legionella every three years (§ 31 TrinkwV). A large system means a tank of more than 400 litres or more than 3 litres in the pipes.

You have the heating serviced every year, and the chimney sweep's dates are in your fireplace notice. For the electrics in common areas, a regular inspection is recommended, for example as part of an E-Check.

Winter service, trees and stairwell

The duty to keep the property safe covers everything that can endanger people on and in front of your plot: ice on the pavement, rotten branches, dark stairwells, loose railings and tiles from the roof. You organise winter service yourself, via the house rules or through a service provider; your municipality's bylaw sets the times.

You inspect trees visually at least once a year and record the result. Also check the lighting in the stairwell and entrance, stairs, railings and floor coverings. Who takes on what goes into the house rules.

Which duties you can transfer

You can transfer some duties to your tenants via the lease or house rules, such as winter service or smoke alarm maintenance, and give others to a service provider. The supervision remains with you: you check that the task is done and record it.

Records, costs and tax

Keep the receipts and reports of every inspection and service; they are your proof for insurers and authorities. Once a year, review the cover and insured value of the building and liability insurance and check the property tax notice.

Many of these costs, such as property tax, insurance and maintenance, belong in the service charge statement if your lease provides for them; the service charge statement checklist guides the steps. In your tax return you claim them as deductible expenses, including those you pass on, because your tenants' advance payments count as income; the Anlage V checklist describes how.

If your flat is part of an owners' association, the manager usually looks after the common property, and decisions on it are taken at the owners' meeting. You calculate the notice and challenge periods with the owners' association deadline calculator.