Assess Cosmetic Repairs: Tenant Rights in Germany

As a tenant in Germany, assessing cosmetic repair clauses in the handover record can be crucial for your liability and potential costs. This guide explains in plain language which clauses are invalid, how to document identified defects and wear, and which deadlines to observe. You will receive concrete steps for the inspection process, advice on photographing and storing evidence, as well as tips on how to contest unjustified claims and when a conversation with the landlord makes sense. We also go through typical clauses, name relevant laws such as the BGB^[1] and explain how local courts or the BGH^[3] can be involved.

What to check in the handover protocol

Make sure to clearly distinguish between normal wear and actual damage. Note the date, time and names of the people involved.

• Clearly distinguish and describe wear versus damage.
• Check deadlines and wording on renovations, e.g. "on move-out" or fixed time limits.
• Note unclear or blanket clauses in the lease and record them in the protocol.
• Add photos with dates, clear descriptions and witness details.

Documentation, forms and deadlines

Record defects immediately, list the photos taken and highlight relevant wording in the record. If legal action becomes necessary, procedural rules under the ZPO^[2] apply.

• Store photos systematically and include location details.
• Send a written defect notice to the landlord and document receipt.
• Observe deadlines: response times and objection periods must be met.

When to consider legal steps

For unclear or excessive claims, check whether an out-of-court resolution is possible. Otherwise, a suit at the local court may be appropriate; contact advisory services or seek legal advice.

FAQ

Are cosmetic repair clauses always valid?

No. Many blanket or unclear clauses are invalid under case law; check the clause and the record carefully.

Do I have to renovate when moving out?

That depends on valid contract clauses and your actual condition; document the condition and compare it with the protocol.

How do I document defects correctly?

Take prompt photos, note date and location, collect witness statements and send a written notification to the landlord.

How-To

1. Read the protocol carefully and mark each clause.
2. Take photos of every relevant defect and label them.
3. Send a written defect notice by registered mail or verifiable email to the landlord.
4. If necessary, collect documents and consider legal advice or contacting the local court.

Key takeaways

• Accurate documentation protects you from unjustified claims.
• Observe deadlines, otherwise rights may be lost.

Help and Support / Resources

• §§ 535–580a BGB — Gesetze im Internet
• ZPO — Zivilprozessordnung
• Federal Court of Justice (BGH) decisions

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1. [1] §§ 535–580a BGB — Gesetze im Internet
2. [2] ZPO — Zivilprozessordnung — Gesetze im Internet
3. [3] Federal Court of Justice (BGH) — decisions