> 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/10147500-wartung-ihrer-vermietungsobjekte-umgelegt-auf-mieter.md). # Maintenance of your rental properties (recoverable from tenant) Help on the Immodio entry item Maintenance of your let properties (recoverable from tenant).
Use this category for the **regularly arising maintenance, inspection, monitoring, cleaning and care costs of technical systems or communal facilities**, provided the costs are in principle recoverable as operating costs and there is no more suitable entry category in Immodio. The category may not be used as a general catch-all account for all maintenance and tradesmen's invoices. Only costs that **arise on a running basis** from the ownership or the intended use of the building are operating costs. Administrative, maintenance and repair costs are expressly excluded. ### The legal classification The term **"maintenance"** alone does not yet determine whether an invoice may be recovered from the tenants. What matters is which specific service was provided: * A regular inspection, cleaning, adjustment or function check can be part of the operating costs. * Remedying a defect that already exists is generally a repair or refurbishment and therefore **not** recoverable. * The initial purchase, installation or fundamental renewal of a system is likewise **not** part of the operating costs. The Federal Court of Justice has expressly held that recurring checks of the functionality and operational safety of a technical system can be operating costs. In the case decided, an inspection of an electrical system carried out on a four-year cycle was recoverable. What was decisive was that the inspection did not serve to remedy a defect that already existed. ### What can be entered here? This general category comes into consideration in particular for maintenance and inspection costs that **cannot** be assigned to a category already existing in Immodio. #### The regular inspection of the electrical system The following might be entered here in certain circumstances, for example: * the recurring safety inspection of the communal electrical system, * checking main distribution boards and communal sub-distribution boards, * checking fixed electrical systems in communal areas, * measurements and function checks, * preparing the inspection record, * the necessary travel and labour costs of the inspection. The Federal Court of Justice has expressly recognised the regularly recurring inspection of the operational safety of an electrical system as other operating costs that are recoverable in principle. An inspection cycle of several years can also be sufficient. #### Maintaining fire protection and safety equipment Depending on the building's features and the provisions of the rental agreement, the following, for example, might come into consideration in certain circumstances: * maintaining and inspecting fire extinguishers, * maintaining smoke and heat extraction systems, * checking fire dampers, * maintaining sprinkler or extinguishing systems, * checking hold-open devices on fire doors, * maintaining escape route and emergency lighting, * checking other communal fire and safety equipment. Only enter the regularly arising inspection, cleaning, adjustment and function check. Purchase, initial installation, repair, replacement and renewal are in principle **not** to be applied as operating costs. Where a separate category already exists, such as **"Maintenance of smoke alarms, no repair or purchase (recoverable from tenant)"**, that category takes precedence. #### Lightning protection systems The following might come into consideration in certain circumstances: * the recurring inspection of the external lightning protection system, * function testing of the internal lightning and surge protection, * visual and measurement checks, * documenting the inspection results. The initial construction of the system, renewing conductors, replacing damaged components and remedying defects found are not recoverable. #### Automatic doors, gates and access systems Depending on the rental agreement, the following might be entered in certain circumstances, for example: * the regular function and safety inspection of automatic doors, * maintaining communal garage or yard gates, * checking barrier systems, * cleaning, lubricating and adjusting moving parts, * checking light barriers and safety equipment. **Repairs** to the motor, controls, gate leaf, rails or other defective components do **not** belong in this category. #### Ventilation and extract air systems The following might come into consideration in certain circumstances: * the regular cleaning and function testing of a communal ventilation system, * checking and adjusting the system, * cleaning accessible operational components, * the regular inspection of fans and controls, * documenting the maintenance. Where the system is part of the central heating or hot water supply, its costs may have to be assigned to the **"heating or hot water costs"**. Repairs, replacing motors and fans and renewing ducts or controls are not to be allocated through this general maintenance category. #### Other technical systems Depending on the building, the contractual arrangement and the specialist categories available, recurring maintenance and inspection costs for the following facilities might also come into consideration in certain circumstances: * communal lifting or pump systems, * backflow protection, * pressure boosting systems, * facade access systems, * communal emergency power or safety power systems, * technical access systems, * other communal facilities subject to regular inspection. {% hint style="info" %} With water, drainage, heating, hot water or lift systems, however, the types of operating cost expressly provided for them in Immodio are to be used first. {% endhint %} ### Specific categories take precedence Do not use this general category where Immodio already offers a more suitable type of cost, for example for: * "Heating and hot water (recoverable from tenant)", * Lift maintenance (recoverable from tenant) * Maintenance of smoke alarms, no repair or purchase (recoverable from tenant), * The costs of cleaning gutters, * Caretaker, winter services, snow clearing (recoverable from tenant), ### Naming the operating costs in the rental agreement For costs already expressly falling under Section 2 nos. 1 to 16 BetrKV, an effective agreement on the allocation of operating costs in accordance with the Operating Costs Ordinance is generally sufficient in a residential rental agreement. The position is different with particular maintenance and inspection costs that only fall under **"other operating costs" under Section 2 no. 17 BetrKV**. These have to be **named specifically** in the rental agreement. A blanket reference to "other operating costs", "general maintenance costs" or "maintenance of the rental property" is generally not sufficient. #### Newly arising maintenance costs Where a new technical facility is installed during an ongoing tenancy, its later maintenance costs cannot be recovered from the tenant simply because they will arise regularly in future. It has to be checked whether: * the costs are operating costs by their nature at all, * they are covered by a type of operating cost already agreed, * there is an effective provision on operating costs newly arising in future, * and whether a prior declaration to the tenant is necessary. ### What does "running" mean? Maintenance does **not** have to take place every year. It is sufficient that it recurs according to plan and at comprehensible intervals. The Federal Court of Justice regarded a four-year cycle for the inspection of an electrical system as sufficient. Document therefore: * the maintenance cycle provided for, * the maintenance dates so far, * the basis of the inspection, * the building or system concerned. ### Distinguishing maintenance, inspection and repair **Recoverable maintenance components might be, in certain circumstances** * checking functionality, * checking operational safety, * visual checks, * measurements, * cleaning, * lubrication, * adjustment and calibration, * documenting the inspection, * the labour and travel costs directly necessary. **Non-recoverable repair components are in particular** * fault finding because of a specific malfunction, * remedying a defect, * replacing damaged or worn components, * restoring a function that has failed, * remedying damage caused by age or the weather, * replacing a system that is technically worn out. Maintenance and repair costs serve to remedy defects caused by wear, ageing or the weather. Under Section 1 (2) BetrKV they are expressly not operating costs. #### Regularly replacing small parts With prescribed regular replacement work, the distinction can be more difficult. The Federal Court of Justice left open whether the regular replacement of small electronic components of an existing system prescribed by a technical standard can exceptionally be treated as running maintenance expenditure. Such material costs should therefore not be allocated automatically. Check in particular: * whether the replacement is prescribed on a regular cycle independently of a defect, * whether it really is only a low-value consumable or maintenance part, * whether the costs are covered by the rental agreement, * whether the invoice shows maintenance and spare parts separately. With larger components or a replacement because of wear, non-recoverable refurbishment is regularly to be assumed. ### General emergency service flat rates General standby availability for reports of burst water pipes, power failures, heating failures or other building faults is **not** recoverable maintenance. The Federal Court of Justice classifies receiving such fault reports and organising subsequent repairs as administrative costs. This has to be distinguished from emergency call services necessary by law or technically for a particular installation, for example the lift emergency call standby. That is to be recorded in the specific category for the installation concerned. ### Assignment For the assignment select **"Property"** and then the building whose technical system was maintained or inspected. The costs are assigned to the property and allocated to the associated tenancies as part of the operating cost statement. ### Special features with commercial tenancies With commercial premises the parties can agree a more extensive assumption of costs than with residential space. The agreement must, however, be specific or at least ascertainable. Very broadly worded standard form clauses are problematic in commercial tenancy law too. The Federal Court of Justice objected to a clause imposing on a commercial tenant, without an appropriate limit, the maintenance and upkeep of all technical facilities and communal installations. Such a provision can burden the tenant with incalculable maintenance costs. With commercial premises it therefore also has to be checked: * which systems are specifically covered, * whether only maintenance or also repair was transferred, * whether communal installations are affected, * whether a limit on the amount is necessary, * whether it is an individually negotiated agreement or a standard form clause. ### The landlord's own work Where the landlord carries out a recoverable maintenance or inspection service themselves, in principle the amount a suitable third party would charge for an equivalent service may be applied. Merely notional VAT may **not** be charged. The following should be documented: * the date and duration of the service, * the specific system inspected or maintained, * the scope of the work, * the qualification or professional suitability, * the comparison price used, * the source of the comparison price, * material costs, where applicable. {% hint style="warning" %} Inspections prescribed by law that are reserved to an approved or specially qualified specialist body generally **cannot** be replaced by own work. {% endhint %} ### Economic efficiency and documents Advance payments of operating costs have to be billed annually. The landlord has to observe the requirement of economic efficiency and, on request, allow the tenant to inspect the underlying receipts. Keep in particular: * the maintenance or inspection contract, * a precise description of the service, * the invoice and proof of payment, * the maintenance and inspection record, * the designation of the system concerned, * evidence of the maintenance cycle, * the split between maintenance and repair, * the allocation where there are several buildings, * the rental agreement with the type of cost agreed.