Can a landlord engage a cleaning company? Passing on, costs and tenant rights
„From the first of next month, a company will take over the stairwell cleaning.“ When this notice is posted in the hallway, questions arise on both sides. Tenants want to know: can the landlord simply make this decision – and do I have to pay for it through the service charges? Landlords want to know: how do I engage a cleaning company so that the service charge account is not open to challenge later?
Both questions can be answered clearly. As a family-run business based in Gladbeck, we have been cleaning stairwells and residential properties for property management companies, private owners and owners’ associations in the Ruhr area since 1983 – we regularly receive questions about the settlement from both sides. Here is the legal position, as matter-of-fact as possible.
The short answer: yes, the landlord may
Under Section 535 of the German Civil Code, the landlord is obliged to keep the rented property in a condition that meets the terms of the agreement throughout the tenancy. This includes the common areas: stairwell, hallway, entrance, basement corridors and lift. How he fulfils this obligation is his own decision. He may appoint a caretaker, clean it himself, transfer the cleaning to the tenants via the tenancy agreement – the traditional weekly cleaning rota – or engage a specialist company for stairwell cleaning.
The landlord does not need the tenants’ consent to engage a cleaning company. The real point of dispute is almost never whether it may be done, but who pays. And that is where a close look at the tenancy agreement pays off.
When the costs may be apportioned to the tenants
The costs of building cleaning form part of the operating costs. Item 9 of the Operating Costs Regulation expressly lists the costs of building cleaning – this refers to the regular cleaning of building parts used in common. Under Section 556 of the German Civil Code, these costs may be apportioned to the tenants, but only on one condition: the tenancy agreement must provide for the apportionment of operating costs. In most standard tenancy agreements, there is a reference to the Operating Costs Regulation for this purpose – that is sufficient. If no such provision exists at all, the landlord bears the cleaning costs himself.
It is also important to distinguish between recurring and one-off costs:
- Apportionable: the regular, recurring cleaning of the stairwell, hallways, entrance, basement corridors and lift – typically weekly or fortnightly.
- Not recoverable from tenants: one-off services. A deep clean after years of neglect or a post-construction clean following renovation work in the building are not service charges, because they are not recurring. The landlord bears these costs.
Either a cleaning rota or a cleaning company – not both
One point causes most conflicts in practice: if the tenancy agreement states that the tenants clean the stairwell themselves, then the cleaning obligation has been transferred to the tenants. In this case, the landlord may not additionally commission a company and pass on its costs through the service charges – that would be a double charge. The tenants would be paying with their labour and with money for the same service.
Switching from a cleaning rota to a company is still possible, and it is a common reason why landlords call us. The usual background: the cleaning rota is no longer working. Individual tenants are not cleaning at all or are doing a poor job, the „Whose turn is it?“ note is hanging crumpled on the board, and there is ongoing friction in the building. Whether the landlord may unilaterally switch depends on the wording in the tenancy agreement – some contracts contain a clause that gives the landlord discretion over the organisation of cleaning, others explicitly stipulate the cleaning rota. In the second case, the cleanest way is an agreement with the tenants. In our experience, most agree when the costs are transparently on the table – especially those tenants who have been frustrated with negligent neighbours for years.
The principle of economic efficiency: market-standard prices are mandatory
The landlord may not pass on any arbitrary price. § 556(3) BGB obliges him to observe the principle of economic efficiency: when it comes to service charges, he must ensure a reasonable ratio of cost to benefit. He does not have to choose the cheapest provider – but he may not charge prices significantly above market level.
For context: a weekly stairwell cleaning in a typical multi-family building starts at €160 per month with us. With eight households, that is €20 per flat per month – a figure that stands up to any service charge audit. What goes into such a price and how building size and cleaning frequency affect it, we have broken down in our guide How much does building cleaning cost? For anything beyond that – larger buildings, additional areas, special requests – we quote a fixed price after a free site visit.
What tenants can check in the service charge statement
If, as a tenant, you find the item „building cleaning“ or „house cleaning“ in the service charge statement, you can check with a few simple steps whether it is in order:
- Tenancy agreement: Is the apportionment of service charges agreed? If a cleaning rota is also specified, the company’s charge does not fit that arrangement – ask for clarification.
- Apportionment key: What basis is used for apportionment? Living space is the usual standard unless the tenancy agreement states otherwise. The key must be identifiable from the service charge statement.
- Year-on-year comparison: Jumps of 30 or 40 per cent with no apparent reason are grounds for enquiry.
- Access to receipts: Tenants have the right to inspect the original invoices. These show which company cleans how often and what the service covers.
- Vacancies: The landlord bears the cost share for vacant units, not the remaining tenants.
None of this requires a solicitor. Most discrepancies are resolved by a look at the contract and a straightforward enquiry to the landlord or the managing agent.
What landlords should consider when commissioning a cleaning service
From the landlord’s perspective, recoverability is determined not at the point of the service charge statement but already at the point of commissioning. Four points make the difference:
- Clear contractual clause: The tenancy agreement should clearly agree the apportionment of operating costs in accordance with the Operating Costs Regulation (Betriebskostenverordnung). For new lettings: remove any old weekly cleaning rota clauses if a company is to carry out the cleaning going forward.
- Schedule of services: Request a written schedule from the service provider – which areas, at what interval, which tasks: mopping stairs, handrails, letterbox system, entrance door. Where there are glazed areas in the entrance, window cleaning should also be included. Without a schedule of services, neither quality can be monitored nor the service charge statement defended.
- Transparent invoices: Monthly, per property, at a consistent amount. We deliberately issue our invoices in a format that is easy to process – one invoice per property, clearly labelled, so that the line item can be transferred to the service charge statement without any conversion.
- Special case: condominium flat: In an owners’ association, it is not the individual landlord but the association that decides on cleaning; the costs are recovered through the service charges. Landlord-owners pass on the cleaning share from the service charge statement. Those who wish to read the obligations in detail will find them in our guide to the stairwell cleaning obligation.
Why the professional cleaning solution works for both sides
A typical contract with us looks like this: a multi-occupancy building with six to ten flats, the cleaning rota has lapsed over the years, and the owner wants peace in the building. After a free site visit, we agree the frequency and scope of services, after which the cleaning runs on a fixed schedule – the same operative, the same day of the week. For the tenants, this means: no more disputes over whose turn it is, a reliably clean stairwell, and a predictable, verifiable amount in the annual statement. For the landlord: fewer complaints, preservation of the property’s value, and an operating cost item that stands up to scrutiny.
We service our sites from Gladbeck on fixed routes – in the core area between Gladbeck, Bottrop, Gelsenkirchen and Essen this is everyday business; more distant sites we bundle onto dedicated route days. In many buildings, in addition to the stairwell, we also take on the ongoing regular cleaning of commercial units on the ground floor – medical practice, office, retail unit – as part of the same route. This keeps the cost per site low, and that is ultimately what makes the apportionment economically viable.
Frequently Asked Questions
Can the landlord engage a cleaning company without asking the tenants?
Yes. The maintenance of common areas is the landlord’s responsibility under § 535 BGB, and the landlord decides how to organise it. Tenant consent is not required to engage a cleaning company. Limits only arise when it comes to apportioning the costs: this requires an operating costs clause in the tenancy agreement, and an existing cleaning rota arrangement must not simply be disregarded.
Do I as a tenant have to pay for the cleaning company even though I would prefer to clean myself?
If your tenancy agreement provides for the apportionment of operating costs and does not specify a cleaning rota, then yes – the choice of cleaning method lies with the landlord. If, on the other hand, the agreement states that tenants clean themselves, no company may be additionally charged. What matters is the wording of your tenancy agreement, not personal preference.
How can I tell whether the cleaning costs in my annual statement are too high?
First compare with the previous year and calculate the amount per flat. As a guide: a weekly stairwell cleaning starts at €160 per month for the whole building. If your item is significantly above that, use your right to inspect the supporting documents – the duty of economic efficiency under § 556(3) BGB obliges the landlord to charge market-standard prices.
Can the landlord switch from a cleaning rota to a professional cleaning company during an ongoing tenancy?
This depends on the tenancy agreement. If it contains a clause that allows the landlord to arrange the cleaning, the change is possible. If the agreement explicitly stipulates a cleaning rota, the landlord needs an agreement with the tenants. In practice, this usually works when the costs are presented transparently – especially in buildings where the cleaning rota no longer functions anyway.
Does all of this also apply to owner-occupied apartments that are let out?
For owner-occupied apartments, it is not the individual landlord but the owners’ association that decides on stairwell cleaning; the costs are covered through the service charge. If an owner lets their apartment, they can pass on the cleaning share from the service charge statement as operating costs – again, provided the tenancy agreement provides for the passing on of operating costs.
Questions or a quote?
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