> 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/10078800-instandhaltung-handwerker-reparaturen-von-technischen-anlagen-und-maschinen-um.md). # Maintenance, tradespeople, repairs to technical systems and machinery (recoverable from tenant) Help on the Immodio entry item Maintenance, tradesmen, repairs to technical systems and machinery (recoverable from tenant).
Use this category exclusively for the **costs of a small repair** which the tenant concerned has to bear on the basis of an effective small repairs clause in the rental agreement. In principle the landlord is obliged to keep the rented property in a condition suitable for use in accordance with the contract during the tenancy. Repair and maintenance costs are also **not** operating costs and may therefore not be allocated through the ordinary annual operating cost statement. The tenant assuming the costs only comes into consideration on the basis of a separate and effective small repairs provision in the rental agreement, which is governed by Section 13 of the Immodio rental agreement. ### What can be entered here? Only enter the actual costs of a smaller repair to an item here where that item * is part of the apartment let, * is subject to the tenant's frequent and direct access, * has repair costs that lie entirely within the contractual maximum amount per repair, * and where the contractual annual maximum has not yet been exhausted. Depending on the rental agreement and the specific case, repairs to the following items, for example, can be recorded: * taps and mixer taps, * the controls of a toilet flush, * light switches and sockets, * door handles, door locks and closing devices, * window handles and window catches, * the controls of roller shutters or blinds, * radiator thermostats and heating valves operated by the tenant, * the controls of a cooker let with the apartment or of other cooking equipment let with it. {% hint style="info" %} The Federal Court of Justice allows small repairs clauses only for items that the tenant frequently operates themselves or whose wear they can influence through regular use. The underlying case law names as examples installation items for electricity, water and gas, heating and cooking equipment and window and door catches. {% endhint %} ### What does "frequent and direct access" mean? It is not sufficient that an item is merely located within the apartment. The tenant has to touch, operate or use the component concerned regularly. A radiator thermostat, for example, is operated directly by the tenant. The pipes running inside the radiator or in the wall, on the other hand, are not subject to their direct access. The same applies to a light switch as opposed to the electrical wiring behind it. With technical devices a distinction therefore has to be made between the accessible control element and the internal technical components. The control knob of a cooker let with the apartment can in principle come into consideration; the internal electronics, the heating element or the device control, on the other hand, may not in the individual case. ### The conditions for an effective small repairs clause A standard form small repairs provision has to meet several conditions at the same time: 1. **A limitation as to the items covered**\ The clause may only cover items subject to the tenant's frequent direct access. 2. **A maximum amount per individual repair**\ The rental agreement has to state clearly up to what amount an individual small repair is borne by the tenant. 3. **A maximum burden within a particular period**\ The contract also has to limit the total burden that may arise for the tenant within a calendar year, for example. 4. **Only assumption of costs, no obligation to repair**\ A standard form rental agreement may in principle only impose the bearing of costs on the tenant. They may not be obliged to carry out the repair themselves or to engage a tradesman on their own. {% hint style="info" %} Where one of these conditions is missing, the whole small repairs clause can be invalid. Standard form clauses that are unclear or unreasonably disadvantageous do not withstand the review of content under Section 307 BGB. {% endhint %} ### Exceeding the maximum amount per repair Where the actual costs of a repair exceed the contractual maximum amount per repair, in principle a partial amount up to the agreed limit may not simply be charged to the tenant. The Federal Court of Justice has held a standard form provision invalid under which a tenant was to contribute to larger repairs as well, merely up to the small repairs maximum amount. The specific repair itself has to remain a small repair and be below the agreed limit overall. **Example:** The rental agreement provides for a maximum amount per repair of 120 euros. * Total repair costs: 95 euros → the tenant assuming the costs can be possible where all the other conditions are met. * Total repair costs: 580 euros → 120 euros may not simply be applied as the tenant's share. The complete specific repair invoice should be considered for the assessment. ### Monitoring the annual maximum Even where several individual repairs are each below the maximum amount per repair, the annual total burden set out in the contract may **not** be exceeded. For each tenancy, therefore, keep a comprehensible overview with: * the date of the repair, * the item concerned, * the full invoice amount, * the amount charged to the tenant, * small repairs already charged within the year, * the remaining annual maximum. {% hint style="info" %} For this you can use the comment function in the tenancy directly, for example, or record comments through the [comment function in the defect identified and to be repaired](/en/anleitung/immobilien/mangel/mangel-anlegen.md#working-with-defects). {% endhint %} ### Assignment For the assignment select **"Tenancy"** and then the specific tenancy concerned. Small repair costs are not general property costs. They may therefore not be allocated to all residents of the building. The entry is to be assigned exclusively to the tenant whose rental agreement contains an effective small repairs clause and whose rented rooms or accessible facilities are affected. Before making the assignment, check: * whether the rental agreement contains a small repairs clause, * whether the clause is effectively worded, * whether the item concerned is covered by the clause, * whether the maximum amount per repair is observed, * whether the annual maximum has not yet been exceeded.
{% hint style="info" %} The entries made here are listed separately under the "Very small repairs" category in the finished operating cost statement. {% endhint %} ### When this category should not be used The following repairs in particular do not belong in this category, repairs to: * central heating and hot water systems, * boilers, burners and heat pumps, * pumps, motors or central control units, * water, gas and heating pipes, * electrical wiring under the plaster, * fuse boxes and sub-distribution boards, * central ventilation or air conditioning systems, * building services in communal areas, * roofs, facades or load-bearing components, * communal doors and gate systems, * technical facilities the tenant cannot operate directly. The following also do not belong here: * new purchases, * modernisation, * repairs above the maximum amount per repair, * repairs after the annual maximum has been exceeded, * costs arising from an invalid or missing small repairs clause. The tenant contributing to new purchases or larger repairs cannot become permissible by limiting the amount to the small repairs maximum. ### Do not mix maintenance and repairs Regular maintenance and remedying a specific defect are different services: * **Maintenance** serves to preserve operational readiness. * **A repair** restores a function that is already impaired or has failed. Where an invoice contains both maintenance and repair services, have them shown separately if possible. ### Damage caused by the tenant Where the tenant damaged an item culpably, this is not an ordinary small repair. An individual claim for damages then comes into consideration. Normal changes and deterioration as a result of **use in accordance with the contract**, on the other hand, are not the tenant's responsibility. Damages generally require a breach of duty for which the tenant is responsible. Examples of possible damages cases are: * a door damaged by force, * a switch destroyed by improper use, * a window handle broken off as a result of gross misuse, * a device damaged by a foreign object introduced by the tenant. {% hint style="info" %} Such claims should **not** be entered as a blanket small repair. Instead, document the damage, the cause, responsibility, the age of the item, the invoice and, where applicable, a deduction for wear already present, and check your right to an individual claim for damages. {% endhint %} ### Documents for the statement Keep in particular: * the tradesman's invoice and proof of payment, * a description of the defect, * details of the item concerned, * photos, where applicable, * evidence of the full repair amount, * the check of the maximum amount per repair, * an overview of the annual burden so far, * the calculation of the amount assigned to the tenant, * correspondence about the defect report.