Stairwell Cleaning: Obligation or Not? The Legal Position for Condominium Associations and Tenants
“Whose turn is it?” – that question hangs on a slip of paper in countless German stairwells, usually with a handwritten calendar beside it. In many buildings the arrangement works well. In at least as many it becomes a source of conflict that lasts for years: one neighbour never cleans, the next one cleans too little, and a third supposedly cleans too often and with the wrong chemicals. By the time the owners’ meeting (Eigentümerversammlung) puts the subject on the agenda, one thing is clear: the question “who has to clean?” is not always as legally straightforward as it looks.
As a family business we have been looking after property managers (Hausverwaltungen), condominium advisory boards and private owners in the Ruhr area for almost fifty years. In that time we have seen practically every constellation – from the three-family house with a smoothly rotating schedule to the badly neglected period building in which nobody felt responsible any more.
This guide explains the main legal foundations, shows the difference between the tenant’s duty and the landlord’s duty, describes how cleaning resolutions in a condominium owners’ association can be passed on as costs, and gives an overview of what stairwell cleaning actually covers. By the end you will have clarity – and perhaps also the answer to whether the cleaning rota taped to the front door is still the best solution.
The legal foundations at a glance
Three areas of law govern the cleaning of a stairwell: the German Civil Code (Bürgerliches Gesetzbuch, BGB), the German Condominium Act (Wohnungseigentumsgesetz, WEG) and the individual house rules (Hausordnung). Depending on the situation, one or the other applies.
BGB §535 – tenancy agreement and the landlord’s duties: The landlord is in principle obliged to keep the rented property in a condition suitable for its contractual use. That includes the stairwell as part of the communal area which the tenant must be able to use. The cleaning duty therefore lies with the landlord in the first instance – but he may pass it on to the tenant through the tenancy agreement (Mietvertrag) or hand it to a cleaning company.
BGB §556 – operating costs and what can be passed on: Cleaning carried out by a third party (for example by us as a cleaning company) counts as recoverable operating costs (Betriebskosten) under the German Operating Costs Ordinance (Betriebskostenverordnung). That means the landlord may pass the full cost of professional stairwell cleaning on to the tenants through the annual service charge statement (Nebenkostenabrechnung) – provided this is agreed in the tenancy agreement.
§ 16 Abs. 2 and § 19 Abs. 1 WEG: In a condominium owners’ association (Wohnungseigentümergemeinschaft, WEG) stairwell cleaning is settled by majority resolution. The association can decide that all owners clean in rotation themselves (still the practice in many older buildings), or that an external service provider is engaged. The costs are shared according to co-ownership shares (Miteigentumsanteile) – as a rule roughly in proportion to floor area, although the declaration of division (Teilungserklärung) may provide otherwise.
House rules (Hausordnung): These are the practical document in which the details are set out: cleaning intervals, who is responsible on each floor, quiet hours, hanging up laundry, the state of the stairwell lights. One point matters: house rules can only spell out what the tenancy agreement or the declaration of division already permits. They cannot simply create new obligations.
Tenant’s duty or landlord’s duty? The details that decide it
When the tenancy agreement transfers cleaning to the tenant, people colloquially speak of the “Kehrwoche” model, the tenant cleaning rota. That is permissible in principle, but it has limits.
What is permissible is transferring the cleaning duty for the area directly outside the flat door, for the section of stairs belonging to that flat (often the floor on which the flat is located) and for a share of the entrance area under a fair rotation principle.
What is not permissible are blanket clauses that place an unreasonable burden on the tenant. One example: a tenant on the third floor does not have to clean the entire entrance area alone while the ground-floor tenants clean only their own section. Very frequent intervals (daily, several times a week) can also be impermissible if they go beyond normal use of the rented property.
Important for tenants: if the landlord engages a cleaning company, he may pass those costs on through the service charges – but he cannot at the same time oblige the tenant to clean. It is one or the other. Anyone demanding both has overstepped the line.
Important for landlords: anyone who delegates cleaning to tenants should be aware that he cannot monitor compliance permanently. And anyone who words the cleaning duty vaguely in the tenancy agreement will, in a dispute, almost always face the assumption that the clause is invalid – in which case he has to clean himself or have it cleaned, without being able simply to pass the costs on. It is worth having such clauses checked by a lawyer or by an experienced property manager.
A condominium association with a cleaning service: pros and cons
When a condominium owners’ association decides to engage an external cleaning company, this replaces the classic rota worked by the owners themselves. That brings clear advantages, and a few drawbacks as well.
The advantages almost always outweigh them: consistent quality, professional hygiene equipment, a clear contractual position, no arguments between neighbours, relief for older owners (who often can no longer manage physically), relief for owners in employment (time is money), insurance cover in the event of damage, documented performance.
The drawbacks: costs that become visible. Many sets of house rules with a rotating self-cleaning arrangement notionally cost zero euros – in reality, of course, they cost the owners’ working time, but that is never accounted for. An external service provider costs between 160 and 250 euros a month depending on the size of the building – amounts that appear immediately in the annual budget (Wirtschaftsplan).
Our experience: most associations that have taken the step to external professional stairwell cleaning would never reverse it. The relief in day-to-day life and the peace within the community are almost always worth the money – usually more so than the owners expected beforehand.
A practical tip for advisory boards: ask for a quote and work the cost out per residential unit per month. In a building with twelve units, a monthly flat rate of 150 euros comes to about 12.50 euros per residential unit. With that figure in hand, the owners’ meeting is a far calmer discussion.
What does stairwell cleaning actually include?
Stairwell cleaning covers considerably more than the visible mopping of the stairs. A proper schedule of services (Leistungsverzeichnis) contains at least the following items.
Floor surfaces: Stairs, landings and hallways are swept and then damp- or wet-mopped depending on the floor covering. Stone floors and tiles need different chemicals from wood or linoleum. On sensitive historic natural stone (marble, Solnhofen limestone) we work with pH-neutral products.
Handrails and banisters: Wiped down with an antibacterial cleaner. Handrails in particular are hotspots – many hands, rarely cleaned on purpose. This is one of the biggest hygiene differences between an amateur rota and professional cleaning.
Letterboxes and doorbell panel: Dusting, cleaning the name plates, sweeping behind the boxes. On many installations a surprising amount of dirt collects there over the years.
Front door and glass surfaces: Cleaning the glass inside and out, polishing the door fittings, disinfecting the handles. The front door is the first thing a visitor sees, which makes it important.
Doormats: Shaken out or vacuumed, and beaten when heavily soiled. Doormats are the most important dirt trap – well-kept mats halve the cleaning effort in the rest of the building.
Cellar and ancillary rooms: Depending on the contract, cellar corridors, the bicycle room, the bin room and the path to the rear entrance are included. This is agreed individually for each property.
Window cleaning in the stairwell: Usually twice a year (spring and autumn), inside and out. With us it is part of the standard annual contract.
What is not usually part of standard cleaning: deep cleaning (Grundreinigung) of floor coverings (a few per cent extra per year), stain removal after particular incidents, or cleaning after refurbishment work.
Frequency and passing the cost on in the service charge statement
How often cleaning should take place depends heavily on the size of the building and how intensively it is used. These are our empirical values for typical residential buildings.
Small condominium property (2 to 6 units, family-house character): Cleaning every 14 days is usually enough. In quiet residential areas with little through traffic, every three weeks can also work.
Medium-sized apartment building (6 to 20 units): Weekly cleaning is the standard; in heavily used buildings twice a week. In the Ruhr area in particular, where many buildings sit close to public transport and commercial premises, street dust finds its way into the stairwell quickly.
Large housing complexes (more than 30 units): Two to three times a week, sometimes with an additional daily walk-through of the entrance area. Here cleaning is effectively a full-time task.
On passing the cost on in the service charge statement: the cost of professional stairwell cleaning falls under operating costs and can be passed on in full to the tenants under the Operating Costs Ordinance, provided this is agreed in the tenancy agreement. The allocation follows the method set out in the tenancy agreement – usually floor area, less often the number of occupants or the number of residential units. In a condominium association the allocation follows the co-ownership shares in the declaration of division.
A common mistake: the distinction between maintenance costs and operating costs. Maintenance (repairs in the stairwell, for instance) cannot be passed on. Regular cleaning can. Where that line is drawn cleanly, the statement causes no trouble.
We look after properties in Essen, Bochum and Gladbeck on a regular basis and, on request, issue property managers invoices in a format that can be dropped straight into the service charge statement. You will find our full range of services under building cleaning.
Frequently asked questions
Does the landlord have to have the stairwell cleaned even if the tenancy agreement says nothing about it?
In principle, yes. The duty to clean communal areas falls on the landlord in the first instance (BGB §535). He can delegate it (to tenants or to a cleaning company), but if nothing is agreed, the duty stays with him. A neglected stairwell can justify a rent reduction (Mietminderung).
Can I as a tenant refuse to do the cleaning rota?
Only if the clause in the tenancy agreement is invalid (for example because it is too vague, places an unreasonable burden on you, or because a cleaning company is already being paid for through the service charges). Where the clause is valid, refusal can lead to a formal warning. If in doubt, take legal advice.
Who pays for stairwell cleaning in a building with a mix of owners and tenants?
The condominium association as a whole engages the service provider, and the costs are allocated to the owners through the annual budget. Owners who let their flats can then pass these costs on to their tenants as operating costs. Owners who live in their flats bear the costs themselves.
How quickly can you get out of a cleaning contract?
Reputable contracts usually run for 12 months with three months’ notice. With us a trial period of three to six months is possible. Flexibility is part of what a good service provider offers – if it does not suit, nobody should be tied in unnecessarily.
What happens if a cleaning visit is missed (illness, public holiday)?
With us it is either made up or credited. We report missed visits to the property manager proactively and work out a solution together. The right to make up the visit and the payment arrangement should be stated explicitly in the contract – with us that goes without saying.
Questions or a quote?
Is your condominium association thinking about professional stairwell cleaning? Or is your property management company looking for a reliable partner for several properties? We come out for an on-site appointment and prepare a transparent costing for you – with a clear schedule of services and fair pricing.