Obligation to tolerate

Obligation to Tolerate - The obligation to tolerate requires a tenant to accept certain actions taken by the landlord and to grant access to the rental property. The most important legal provisions are § 555a BGB (maintenance measures), § 555d BGB (modernization measures), and § 555a(1) BGB (repairs). At the same time, the tenant has rights: notice periods, reimbursement of expenses, and, in certain cases, a rent reduction during construction work.

Measures Subject to the Duty of Tolerance in Tenancy Law

The BGB distinguishes between various categories:

• Maintenance measures (Section 555a BGB): Maintenance and repair of the rental property - the tenant must tolerate such work, e.g., repair of the heating system, remediation of moisture damage, replacement of defective windows. No notice period required, but timely notification
• Modernization measures (Section 555b BGB): Energy-efficient renovation, accessibility improvements, enhancement of living quality - the tenant must tolerate these; the landlord must provide written notice 3 months in advance (Section 555c BGB), specifying the type, scope, start date, and duration of the work
• Other measures: Installation of smoke detectors, laying of fiber-optic cables, viewings by prospective buyers or tradespeople - the tenant is required to tolerate these with reasonable advance notice
• Not subject to the obligation to tolerate: Measures that constitute an unreasonable hardship for the tenant (Section 555d(2) BGB) - e.g., serious health impairment, completely disproportionate burden

Tenant’s Rights Regarding the Duty to Tolerate

Even if the tenant is required to tolerate the work, they have countervailing rights:

• Rent Reduction: During construction noise, dirt, or limited usability, the rent may be reduced-the extent depends on the nature and duration of the disruption (typically: 10-30% for modernization work)
• Reimbursement of expenses (Section 555a(3) BGB): The landlord must reimburse the tenant for expenses incurred as a result of the work-e.g., storage costs for furniture, increased cleaning costs
• Hardship defense (Section 555d(2) BGB): In the case of modernization, the tenant may raise grounds of hardship-these must be weighed against the interests of the landlord and the general public
• Special right of termination: Upon receiving notice of modernization, the tenant may terminate the lease extraordinarily by the end of the month following receipt of the notice (§ 555e BGB)

Formal Requirements for the Modernization Notice

The legal requirements for the modernization notice (Section 555c BGB) are stringent-formal errors may result in the tenant’s obligation to tolerate the work not arising. The notice must mandatorily contain the following information:

• Nature and scope of the modernization measures in clear language
• Start date and expected duration of the work
• Expected rent increase following completion of the work (pursuant to § 559 BGB, a maximum of 8% of the costs incurred per year; for modernization costs up to €10,000 per apartment, the simplified calculation under § 559c BGB applies)
• Future operating costs, to the extent that these change

A notice that omits individual points or is formulated too vaguely does not trigger the obligation to tolerate the work. The Federal Court of Justice (BGH) has clarified in several rulings that the notice must enable the tenant to decide independently whether to assert the hardship defense. Landlords should therefore prepare the notice carefully and seek legal review for more complex measures.

Practical Tip for Property Owners in Nuremberg and Franconia

In the Nuremberg metropolitan region, many existing buildings from the 1950s to the 1970s are due for energy-efficiency renovations-facade insulation, window replacement, and heating system modernization. As a landlord, you must give written notice of the modernization 3 months in advance and specify the type, scope, start date, duration, and the expected rent increase (Section 559 BGB: max. 8% of the modernization costs per year). Especially for apartment buildings in the Südstadt, Gostenhof, or in surrounding Franconian communities such as Fürth and Erlangen, where many post-war buildings are located, we recommend seeking early consultation with tenants-mutually agreed-upon solutions prevent delays caused by hardship objections. The investment of €200-500 for a lawyer’s review of the notice pays off: formal errors can cause months of construction delays and significantly drive up modernization costs. The question of whether the planned work qualifies as maintenance or modernization also has significant implications for rent increase options and should be clarified legally in advance.

Frequently Asked Questions

As a tenant, do I have to let contractors into my apartment?

Yes-in the case of maintenance work (repairs, renovations), there is an obligation to tolerate such work. However, the landlord must give you sufficient notice of the appointment (at least 2-3 business days in advance) and suggest a reasonable time slot. Outside of normal business hours (Mon-Fri 8 a.m.-6 p.m.), you are only required to let tradespeople in in case of emergencies (burst water pipe, gas leak). If you refuse access without cause, you risk receiving a warning and, in the event of a repeat offense, extraordinary termination of the lease. The landlord may also file a lawsuit to compel you to allow access and, if successful, is entitled to reimbursement for the additional costs incurred due to your refusal of access.

As a tenant, can I refuse a modernization?

Generally not-renovation measures must be tolerated under Section 555d of the German Civil Code (BGB). However, you may assert a hardship objection: health impairment caused by the construction work (e.g., in cases of serious illness or need for care), advanced age, financial unfeasibility of the rent increase following renovation, or special personal circumstances. The hardship objection must be received by the landlord in writing by the end of the month following receipt of the modernization notice-if this deadline is missed, the right expires. In the event of a dispute, the court will decide whether the objection is valid after weighing all interests.

How far in advance must the landlord give notice of modernization?

The notice of modernization must be received in writing (letter, email) at least 3 months before the start of the work. It must include: the nature and scope of the work, the expected start date and duration, the expected rent increase, and the expected future operating costs. If this information is missing, the obligation to tolerate the work does not begin-the landlord must then correct the notice, and the 3-month period begins anew only upon receipt of the correct notice. In the case of urgent maintenance work (e.g., burst water pipe, acute mold infestation), the notice period does not apply.

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