A socket, the seal on the toilet drain pipe and the drain pump in the shower were defective in a Berlin flat. The landlord was of the opinion that all three ‘repairs’ were to be borne by the tenant, as the tenancy agreement contained a minor repair clause. However, the tenant refused to pay for the repairs. The dispute finally ended up before the district court.

Which repairs does the tenant have to pay for? The court first clarified when a minor repair clause is effective. A maximum amount per repair of 100 to 150 euros and a maximum limit of eight per cent of the annual rent had to be agreed. - This was correctly done in the case in dispute.
Nevertheless, the court ruled that the landlord could only oblige the tenant to pay the bill for the socket. The socket was subject to the tenant's direct access and was generally used frequently. It was therefore covered by the minor repairs clause.
The tenant does not have direct access to the seal on the toilet drain pipe or the drain pump in the shower. He can therefore neither treat them gently nor recklessly. The seal and pump are therefore not covered by the minor repair clause.

(Local court Berlin-Mitte, judgement from 05.02.2020 - 15 C 256/19)