Assess Cosmetic Repairs for Tenants in Germany

As a tenant in Germany, you often face the question at move-out which cosmetic repairs are actually due. Many tenancy agreements contain repair clauses that are unclear or impose excessive obligations. This article explains in plain language how to evaluate a clause, which legal standards apply, and which evidentiary materials help you dispute unnecessary claims. I describe practical steps: checking the lease, noting deadlines, documenting damages, and, if necessary, sending a written request to the landlord. This includes notes on local court procedures and relevant statutory provisions so you can enforce your rights more confidently. The language is simple, examples are practical, and the recommended steps target tenants without legal training.

What is a cosmetic repair clause?

A cosmetic repair clause specifies which superficial works the tenant must carry out when moving out. Not every wording is effective: the general principles of tenancy law are governed by the BGB for contract contents and landlord obligations ^[1]. Clauses that unreasonably disadvantage the tenant can be invalid according to established case law.^[2]

How to evaluate a clause

When evaluating a clause, a structured approach helps: check wording and deadlines, compare with statutory rules, and document the apartment condition carefully.

• Read the lease and wording precisely (who is obliged to do which works at what time?).
• Check deadlines and dates (see handover and renovation deadlines in the contract).
• Document the condition photographically and prepare a handover protocol.
• Check costs: is the landlord demanding unrealistic sums or flat deductions?
• Identify ineffective or transferred obligations (e.g. when the tenant is burdened with comprehensive renovations not provided for by law).

Forms and templates

Use standardized documents to secure your rights. Relevant templates include a termination letter sample, a detailed handover protocol, and templates for written requests to the landlord. Official templates can be found on the websites of the responsible authorities and ministries.^[3]

• Termination letter (template) – use a dated, written template.
• Handover protocol – document all defects and the condition of rooms.
• Evidence gathering (photos, date/time, witnesses) for later proof.

How-To

1. Check the lease for specific wording on cosmetic repairs and compare it with statutory provisions.
2. Photograph all affected rooms and prepare a handover protocol with date and signatures.
3. Give the landlord a written deadline to clarify or state costs (for example, 14 days) and request evidence for alleged costs.
4. If no agreement is reached, consider a claim or clarification at the competent local court; collect all evidence beforehand.

FAQ

1. Do I always have to repaint when moving out?

No. Only if there is a valid, specific agreement in the lease or actual damage. Blanket, undefined renovation obligations can be invalid.

2. When is a clause invalid?

When it unreasonably disadvantages the tenant, transfers blanket or unclear duties, or conflicts with mandatory statutory rules.

3. How should I document best?

Photos with dates, a signed handover protocol and witness statements are practical evidence.

Help and Support / Resources

• Gesetze im Internet: BGB §§ 535–580a
• Federal Ministry of Justice and Consumer Protection: Information on tenancy law
• Federal Court of Justice: Decisions on tenancy law

1. [1] BGB §§ 535–580a — Bürgerliches Gesetzbuch
2. [2] Bundesgerichtshof — Entscheidungen zum Mietrecht
3. [3] Bundesministerium der Justiz und fuer Verbraucherschutz — Muster und Hinweise zum Mietrecht