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Landlord Duty of Care in Germany: Winter Service 2026

Last reviewed: 9 September 2026 · Reading time approx. 8 minutes

A tenant slips on an icy path and claims damages. The landlord points to the caretaking firm he pays for exactly this — and assumes he is off the hook. Since a judgment of the Federal Court of Justice (Bundesgerichtshof, BGH) in August 2025 that reflex is demonstrably wrong. This article explains where the German duty of care (Verkehrssicherungspflicht) comes from, how far it reaches, what delegating it actually achieves, and which costs you may pass on to the tenant.

Two duties running side by side

Towards your own tenant you are liable under the tenancy agreement. Under § 535 para. 1 sentence 2 BGB the landlord must hand over the property "in a condition suitable for the contractually agreed use and to maintain it in this condition during the lease period". An icy entrance, an unlit cellar staircase or a loose handrail all breach precisely this duty.

Towards everyone else — visitors, postal workers, passers-by — tort law applies. § 823 para. 1 BGB imposes liability on anyone who "intentionally or negligently injures the life, body, health, freedom, property or another right of another person unlawfully". From this provision the courts derive the general duty of care: whoever creates or controls a source of danger must take the reasonable precautions to keep others from harm.

One group of cases is particularly uncomfortable for the owner. If a part of the building comes loose — a roof tile, a façade panel, snow sliding off the roof — § 836 para. 1 BGB applies. It reverses the burden of proof: liability is excluded only "if the possessor has exercised the care required in dealings for the purpose of averting the danger". So the owner must prove that he was careful, not the injured party that he was not. Documented inspection rounds are not paperwork here; they are the evidence.

What this means in practice: record when an inspection took place and what it found — date, area, result. Without that record it is one word against another in court, and for damage caused by parts coming loose from the building the burden of proof is on you.

How far the duty reaches geographically

Your own plot is a given: entrances, driveways, stairs, courtyards, parking spaces. The public pavement in front of it is not automatically included. The duty to clear and grit public surfaces rests with the municipality in the first place; it may transfer that duty to the adjoining owners by local by-law (Satzung). Only then does it reach the owner — and only to the extent the by-law orders.

The Federal Court of Justice has drawn two consequences from this, both in the landlord's favour and both worth knowing before you settle a claim: without a transfer by the municipality the duty ends at the property line, and a local by-law cannot create obligations that go beyond the general framework. Both decisions appear in the case-law section below.

The concrete time windows — from when in the morning, until when at night, what applies on Sundays — are not in federal law but in your municipality's by-law, and they differ from place to place. If you buy a property in a new town, read the by-law once and carry the times over into the agreement with your contractor.

When the gritting duty arises at all

Not every slippery patch triggers a duty. What is required is general iciness, or at least a recognisable indication of a seriously threatening danger. Isolated icy patches without such indications do not on their own create a duty to grit. Conversely, during continuous freezing rain it does not help to say that you "gritted yesterday".

Delegating — to the tenant or to a contractor

Both are permissible, but they work in completely different ways. This distinction is where most online guides become imprecise.

RouteWhat changesWhat remains
Transfer to the tenant (tenancy agreement or validly incorporated house rules) The tenant becomes obliged to carry out the work. This requires a clear arrangement that ensures the danger is eliminated. A duty of the landlord to monitor and check whether the person obliged actually does what he took on.
Hiring a contractor (caretaker, winter service firm, managing agent) Practically nothing in your legal position towards the tenant: the contractor performs your duty. Full contractual liability. Under § 278 sentence 1 BGB you are responsible for that person's fault "to the same extent as for your own fault".

Towards third parties who have no tenancy agreement with you, the milder standard of § 831 para. 1 BGB applies: there you can exonerate yourself if you observed the required care "in the selection of the person appointed". Towards your own tenant that escape route does not exist. One and the same fall can therefore end differently depending on who fell.

The most common misconception: a clause passing the cost of snow clearing and gritting on to the tenant as a service charge is not a transfer of the duty. In 2025 the Federal Court of Justice classified such a clause as a mere agreement on operating costs within the meaning of § 556 para. 1 sentence 1 BGB — it even speaks against a transfer of the duty. Anyone who really wants to oblige the tenant needs an express and unambiguous provision for it.

Which costs you may pass on

Under § 556 para. 1 sentence 1 BGB the parties may agree that the tenant bears the operating costs. Without such an agreement in the tenancy contract, every item stays with you. The Operating Costs Ordinance (Betriebskostenverordnung, BetrKV) governs the schedule.

ItemRecoverable?Reference
Winter service by an outside firmYes, where recovery is agreed§ 2 no. 8 BetrKV: "costs of corresponding non-public measures" of street cleaning
Upkeep of squares, access ways and drivewaysYes§ 2 no. 10 BetrKV
Property owner's liability insuranceYes§ 2 no. 13 BetrKV: "liability insurance for the building"
Grit and other consumables of ongoing operationYes, as part of the respective item§ 1 para. 1 BetrKV (recurring costs)
Your own checks, administration, organisationNo§ 1 para. 2 no. 1 BetrKV (administration costs)
Repairing the damaged step, felling a treeNo§ 1 para. 2 no. 2 BetrKV (maintenance and repair costs)
Buying a snow blowerNo§ 1 para. 1 BetrKV: only costs arising on a recurring basis

The dividing line between ongoing operation and maintenance is the same one on which the other items fail — more on this in our article on non-recoverable service charges. And even a recoverable item is lost if it is billed too late: the deadline for the service charge statement is a cut-off period.

The tax side

For you as the landlord, spending on winter service, tree inspections and lighting counts as deductible expenses (Werbungskosten). § 9 para. 1 sentence 1 EStG defines them as "expenses incurred to acquire, secure and maintain income" — the link to the rental income is obvious. The amounts passed on appear as income at the same time; what remains is the difference you did not recover.

For your tenant, the share of the labour cost attributable to him falls under the German relief for household-related services. Certifying the labour cost in the statement costs you nothing and is a useful argument when the item is questioned.

Checklist before winter

  1. Read the municipal by-law: is the duty transferred to adjoining owners, and for which areas and times?
  2. Check the tenancy agreement: is there a genuine transfer of the duty — or only a cost clause?
  3. Check the contractor's agreement: are areas, times and triggers named concretely?
  4. Schedule and record inspections, especially where the duty was transferred to the tenant.
  5. Review your liability cover and secure the recoverability of the premium in the contract.
  6. Collect the invoices: they serve as both the service charge statement and the tax record.

What the courts have decided

The statutory text says only that there is liability — not how far the duty reaches or what a delegation achieves. That is in three decisions of the Federal Court of Justice.

BGH, judgment of 6 August 2025 – VIII ZR 250/23

A tenant fell on a path forming part of the common property of a condominium association; the association had contracted the winter service out to a service provider. The senate makes clear that by engaging a third party the landlord is not released from his contractual liability, and that his set of duties is not reduced to mere fault in selection and supervision: the third party acts in performance of the landlord's own duty under the tenancy, and its fault is attributed to the landlord in full under § 278 sentence 1 BGB. The court also held that a service charge clause on snow clearing and gritting is not a transfer of the duty to the tenant. For a landlord who owns a single flat in a condominium this means he answers to his tenant for the association's winter service too — and may then turn to the association or its contractor.

BGH, judgment of 21 February 2018 – VIII ZR 255/16

A landlord and property owner on whom the municipality has not imposed the general duty to clear and grit as an adjoining owner is as a rule obliged neither under § 535 para. 1 BGB nor under the general duty of care to clear and grit parts of the public pavement beyond the property line. So check first what the municipal by-law actually imposes on you before you accept a claim for a fall in front of the building.

BGH, judgment of 14 February 2017 – VI ZR 254/16

Two holdings in one decision. First, a breach of the winter duty to clear and grit requires either general iciness or recognisable indications of a seriously threatening danger arising from isolated icy patches. Second, a municipal by-law on street cleaning and winter service must as a rule be read as not creating obligations that go beyond the limits of the general duties of care. A strictly worded by-law therefore does not turn you into a round-the-clock service.

Frequently asked questions

Is listing the winter service as a service charge in the contract enough?

For recovering the cost, yes; for transferring the duty, no. In 2025 the Federal Court of Justice classified such a clause as a mere agreement on operating costs under § 556 para. 1 sentence 1 BGB. Anyone who wants to oblige the tenant to do the clearing needs a separate, unambiguous provision.

Am I in the clear if I hire a professional firm?

Not towards the tenant. Under § 278 sentence 1 BGB the firm performs your own duty and its fault is yours. Towards third parties without a tenancy agreement you can exonerate yourself under § 831 para. 1 BGB through careful selection.

Must I clear the pavement in front of the building?

Only if the municipality has transferred the duty to adjoining owners by by-law. Without such a transfer the duty as a rule ends at the property line.

How often must I check a tenant who is obliged to clear?

Federal law fixes no number; the case law requires a duty to monitor and check without a set frequency. Do not rely on a figure circulating online — align the checks with the weather and record them in writing.

Does the injured person share the loss if he was careless?

Possibly. § 254 para. 1 BGB takes contributory negligence into account, and the extent of compensation depends on "the extent to which the damage was caused predominantly by one or the other party". Unsuitable footwear or a visibly closed path can reduce the claim.

Inspections, invoices and deadlines in one place

RenoDiary brings recurring maintenance, tradespeople's invoices and receipts together per property — and reminds you of the dates before the season starts.

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Sources

This article offers general orientation and does not replace individual tax or legal advice within the meaning of § 3 StBerG. The scope and timing of the duty to clear and grit depend on the by-law of the relevant municipality and on the circumstances of the individual case.