Caretaker

A building manager (also known as a property manager) is a person responsible for the management, maintenance, and day-to-day operation of one or more buildings-whether as a permanent employee or an external service provider. They serve as the first point of contact for tenants and owners regarding everyday technical issues, coordinate contractors, monitor common areas, and ensure order and safety on the property. In the real estate industry, a good building manager is considered one of the key factors for tenant satisfaction and value-preserving property management.

Duties of the Building Manager

Depending on the agreement and the size of the property, a building manager’s job description includes:

• Technical inspection and maintenance: Regularly inspecting lighting, heating, elevators, and fire safety equipment, and reporting any defects
• Maintenance of outdoor areas: Lawn care, hedge trimming, winter services (snow shoveling, salting), leaf removal
• Cleaning: Keeping stairwells, common areas, basements, underground garages, and sidewalks clean
• Minor repairs: Changing light bulbs, adjusting doors and windows, repairing defective doorbell systems
• Tenant communication: Receiving damage reports, coordinating with contractors, handling move-ins and move-outs
• Documentation: Records of damage, meter readings, and actions taken

Legal Status and Employment Relationship

A permanently employed building superintendent is generally subject to social security contributions; all labor law protections apply to them (protection against dismissal, vacation, continued pay). Their employer is the property owner or the homeowners’ association (WEG). Often, the building superintendent is provided with a superintendent’s apartment at a reduced rent-this must be taxed as a monetary benefit if it is below the market rent. In the case of external janitorial service companies, there is a service or contract for work, not an employment relationship.

Passing Costs On to Tenants

The costs of a building manager (wages, ancillary costs of the employment relationship) are passable on to tenants as operating costs under the Operating Costs Ordinance (BetrKV, Annex 3 No. 14), provided the tasks relate to the day-to-day operation of the building. Repair and maintenance services performed by the building manager, however, may not be passed on-these costs are borne by the landlord.

Practical Tip for Owners in Nuremberg and Franconia

We have observed in the Nuremberg metropolitan region that professionally managed residential complexes with a reliable building manager suffer significantly less tenant turnover and achieve better rents in the long term. Owners of multiple units should weigh the costs of a full-time, in-house building manager against those of an external service provider-having an in-house employee often pays off for properties with 30 or more residential units. When drafting the contract, be sure to clearly distinguish between building management duties and handyman services to ensure legally sound utility billing.

Frequently Asked Questions

Can a building manager also be a member (owner) of the condominium association?

In principle, yes, but this creates a conflict of interest. An owner-manager cannot provide neutral advice to the association in situations where interests are at stake. From a condominium law perspective, an external service provider is often a cleaner solution.

As a tenant, do I have to grant the building manager access to my apartment?

For inspection or maintenance work on common property that also affects your apartment (e.g., pipe inspection), the building manager must be granted access after providing timely notice. For general inspection visits without a specific reason, there is no right of access without your consent.

How are building manager costs correctly reported in the utility bill?

The total costs of the building superintendent (gross salary, employer’s social security contributions, work clothing) are allocated to the tenants according to the agreed allocation formula (living area or MEA). Maintenance services performed by the building superintendent must be excluded and may not be included in the operating costs.

Caretakers in the Context of the WEG: Special Considerations for Condominium Associations

In a condominium association, the caretaker is not hired or commissioned by the property manager alone-this is the responsibility of the owners’ association. The decision to commission a caretaker or a caretaker service company is made at the owners’ meeting. The resulting costs are allocated via the budget plan and borne by all owners as part of the maintenance fee. To the extent that the costs constitute apportionable operating costs (i.e., they relate to the ongoing maintenance and operation of the common property), they may be passed on to owners who rent out their units and may be apportioned by them to their tenants.

Important: Maintenance and repair services performed by the building manager are not considered apportionable operating costs. Any owner who employs a building manager to handle both cleaning tasks and repairs must clearly separate these services in the contract or on the invoice-otherwise, they risk objections from tenants regarding the operating cost statement.

The Caretaker as a Witness and Trusted Party in the Tenancy

In practice, the caretaker is often the first person to learn of a defect in an apartment. This makes them an important witness in any potential future disputes between the landlord and tenant. We recommend that owners in Nuremberg instruct the building superintendent to document damage reports in writing-including the date, type of damage, affected unit, and the person who reported it-and to forward this documentation to the property manager or owner. Comprehensive documentation helps clarify liability issues in the event of a dispute and proves that defects were noted and addressed in a timely manner.

Especially in Nuremberg’s older buildings with many tenants and a diverse ownership structure, a dedicated building superintendent also fosters social cohesion: He knows the tenants personally, recognizes emerging conflicts early on, and contributes to safety and harmony in the building through his presence. This value is difficult to quantify-but it manifests itself in the medium and long term through stable tenant-owner relationships and low turnover.

Caretaker’s Apartment: Special Provisions Under Tenancy Law

If the owner provides a permanently employed caretaker with an apartment in the building, this is generally tied to the employment relationship (work-related housing under Sections 576-576b of the German Civil Code (BGB)). The right to the apartment ends with the termination of the employment relationship-the caretaker can be required to vacate without the normal tenancy laws and their notice periods applying. The prerequisite is that the apartment was actually provided in connection with the caretaker’s duties and this is clearly stipulated in the employment contract. In the event of a dispute over the return of the caretaker’s apartment-a scenario that is not uncommon in practice-the labor court, not the rental court, has jurisdiction. Landlords in Nuremberg who utilize such an arrangement should ensure that the employment contract and the lease agreement are legally consistent with one another and explicitly document this link.

What should a caretaker contract cover at a minimum?

A well-drafted janitorial service contract-for external companies-should cover the following points: a precise description of the scope of services and response times (e.g., response to malfunctions within 24 hours), provisions regarding liability for damages resulting from faulty performance, a compensation structure (flat rate or hourly fee), documentation requirements (checklists, inspection reports), and a clear distinction between operational and maintenance services. The latter is essential from a tax and service charge perspective: Only operational costs can be passed on to tenants; repair services cannot. In Nuremberg, we recommend that homeowners’ associations review building maintenance service contracts annually for completeness and market competitiveness-especially if the association has grown or new legal requirements (e.g., inspection obligations for smoke detectors, drinking water pipes) have been added.

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