> For the complete documentation index, see [llms.txt](https://help.immodio.app/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://help.immodio.app/en/anleitung/einnahmen-und-ausgaben/buchhaltung-erweiterung/10078500-instandhaltung-betrieblicher-raeume-umgelegt-auf-mieter.md). # Maintenance of business premises (recoverable from tenant) Help on the Immodio entry item Maintenance of operational rooms meters (recoverable from tenant).
Use this category for the costs of maintaining **commercially let premises** where the commercial rental agreement expressly and effectively transfers the maintenance obligation concerned to the tenant. Without such an agreement the landlord is generally obliged to keep the rented property in a condition suitable for use in accordance with the contract during the tenancy. Maintenance and repair costs are also expressly **not ordinary operating costs**. They therefore cannot be passed on solely on the basis of a general agreement on the allocation of operating costs. #### What can be entered here? Only enter costs here that * concern the commercial premises let directly, * are to be borne by the commercial tenant under the commercial rental agreement, * were caused by the contractual use of the premises or fall within the tenant's sphere of risk, * and cannot be assigned to a more specific cost category. Depending on the specific contractual provision, this can include, for example: * running maintenance work on doors and locks used exclusively by the tenant, * maintaining window fittings within the commercial unit, * smaller maintenance measures on sanitary items and fittings in the rented premises, * maintaining switches, sockets or other installations within the commercial unit, * looking after and maintaining facilities made available exclusively to the tenant, * maintenance measures on tenant-specific technical systems assumed under the contract, * other maintenance work within the rented premises, as far as it is attributable to the tenant's use or area of responsibility. {% hint style="info" %} With a standard form rental agreement provided by the landlord, the maintenance obligation may not be transferred to the commercial tenant without limitation. A transfer can be permissible in particular where it is limited to the rented premises and to damage or wear arising from the use of the premises or from the tenant's sphere of risk. {% endhint %} #### Check the contractual agreement Before making the entry, check the corresponding provision in the commercial rental agreement. The clause should set out as clearly as possible: * which rooms, components and systems are covered, * whether only maintenance or also repair is assumed, * which damage and wear the tenant has to bear, * whether a cost ceiling was agreed, * how areas used communally are allocated, * whether certain parts of the building are expressly excluded. A blanket wording such as "the tenant bears all maintenance costs" can be problematic, particularly in standard terms and conditions. Contractual clauses have to be clear and understandable and may not impose an incalculable or unreasonable cost risk on the tenant. #### Communal areas and technical systems Particular care is needed where the costs relate to areas or systems used communally, for example: * corridors and stairwells, * communal sanitary facilities, * car parks and driveways, * lifts, * central ventilation or air conditioning systems, * main pipes and cables, * communal doors and gates. Transferring the maintenance and repair costs of such communal areas by standard form is generally invalid without an appropriate limit on the amount. The tenant would otherwise also bear costs for wear already present, for damage caused by other users or for parts of the building they cannot influence. Where the commercial rental agreement contains an effective cost ceiling, only the amounts within that limit may be recorded and passed on. Costs above it remain with the landlord. #### Assignment For the assignment select **"Tenancy"** and then the tenancy concerned. Where an invoice concerns several commercial units, the amount has to be split by a measure agreed contractually or by an appropriate and comprehensible measure. #### The distinction from repairs and renewals As a rule, do not use this category for: * extensive repairs, * replacing completely worn out components, * renewals due to age, * modernisation measures, * the initial installation of new facilities, * remedying defects already present at the start of the tenancy, * damage from ageing or the weather outside the tenant's sphere of risk, * damage caused by other tenants or other third parties, * work on the roof, the facade or load-bearing parts of the building, * repairs to central main pipes and cables or to the general building fabric. Such measures are in principle within the landlord's area of responsibility, unless there is an effective agreement to the contrary that is permissible in the specific case. Transferring incalculable costs to the commercial tenant by standard form can breach Section 307 BGB. #### Damage caused by the tenant Where the tenant damaged the rented property culpably, this is generally not an ordinary allocation of maintenance costs but a possible **claim for damages against the tenant who caused it**. #### Splitting mixed invoices Where a tradesman's invoice contains both recoverable maintenance services and repair, replacement or modernisation work that cannot be passed on, the whole invoice amount may not be transferred to the tenant. If possible, ask the company carrying out the work to show separately: * maintenance and running care, * upkeep, * repair or refurbishment, * spare parts, * new purchases, * modernisation. Only the share actually to be borne by the tenant under the commercial rental agreement should be entered in this category. #### Important when the tenancy ends The landlord's claims because of maintenance or repair measures assumed under the contract but not carried out can be subject to the short limitation period of Section 548 BGB after the commercial premises are returned. The Federal Court of Justice applies this short period to claims for performance and damages because of unfulfilled maintenance obligations too. Landlords should therefore inspect the premises promptly after they are returned, document their condition and pursue possible claims in good time. #### Documents for the statement Keep in particular: * the commercial rental agreement and the relevant contractual clause, * invoices and records of the work carried out, * a description of the component or system concerned, * evidence of the commercial unit concerned, * photos or handover reports, where relevant, * the split of mixed invoices, * the calculation of an agreed cost ceiling, * proof of payment.