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4. Reimbursement of Expenses – When Tenants Can Repair Defects Themselves

Reimbursement of Expenses – When Tenants Can Repair Defects Themselves

What Is Reimbursement of Expenses?

Reimbursement of expenses (German: Aufwendungsersatz) is an important tenant right under Section 536a(2) of the German Civil Code (BGB). It applies when the landlord fails to repair a reported defect and the tenant arranges for the repair at their own expense. In this case, the tenant can demand repayment of the necessary costs from the landlord.

This applies to repairs that are essential for maintaining the apartment’s usability — for example, fixing a burst pipe, broken heating, or damaged window.

Conditions for a Valid Claim

To successfully claim reimbursement, several conditions must be met:

1. Defect notification: The tenant must have formally reported the defect to the landlord.
2. Deadline: The tenant must set a reasonable time limit for the landlord to carry out the repair.
3. Reminder: If there’s no response, the tenant may arrange repairs after the deadline has passed.

A reminder is not required if the landlord has clearly refused to repair or if immediate action is necessary to prevent further damage.

Urgent Repairs and Immediate Action

In emergency situations, the tenant may arrange repairs without prior notice if delaying would cause serious damage. Typical examples include:

• Burst water pipes with risk of major damage
• Heating failure in winter
• Electrical faults posing a safety hazard

In such cases, the tenant may call a professional immediately. The landlord must cover the reasonable and necessary costs, provided the tenant informs them promptly about the incident.

Documentation and Cost Recovery

To enforce a reimbursement claim, tenants should:

• keep all receipts and invoices,
• document all communication with the landlord,
• and submit a written summary of costs and circumstances.

The claim should be made in writing, including evidence of the defect notice, the repair invoice, and an explanation of why immediate action was necessary.