Checklist for Cosmetic Repairs for Tenants in Germany
As a tenant in Germany, you may wonder which cosmetic repairs are actually your responsibility when moving out and how to review landlord claims. This checklist helps you systematically identify common renovation obligations, explains the difference to necessary maintenance, and shows which deadlines, proofs and sample forms are relevant. Step by step you will learn how to document damage, distinguish minor cosmetic flaws from more serious defects and when to file an objection. The goal is clear preparation for the handover so you can avoid unnecessary claims and assert your rights under German tenancy law. If needed, you will find notes on court procedures and contact points for legal advice.
What belongs to cosmetic repairs?
Cosmetic repairs typically concern surface and care work, not structural repairs. The landlord's duties and the distinction from maintenance are anchored in tenancy law, for example in the landlord obligations under the BGB [1].
- Painting and wallpapering (walls, ceilings) in common colors.
- Minor touch-ups to paint, radiator covers and moldings.
- Filling drill holes and removing small nails.
- Replacing heavily worn silicone seals in bath and kitchen.
- Surface cleaning and stain removal, provided they are not due to construction defects.
Move-out checklist
- Check deadlines: observe handover date and any contractually agreed renovation periods.
- Create photos and a defect list: document date, location and damage.
- Use sample forms (e.g. termination letter, handover protocol) and keep receipts [3].
- Inform the landlord and arrange a handover appointment; confirm agreements in writing.
- Distinguish normal wear from damage-related repair obligations.
FAQ
- Who pays cosmetic repairs?
- It depends on the individual case and contract terms; landlord maintenance duties may apply in certain areas, while contractual cosmetic repair obligations can be assigned to the tenant.
- Must the apartment be handed over perfectly painted?
- No. Normal wear is not the tenant's responsibility; only excessive damage or contractually required renovations can trigger costs.
- Where to go in case of disputes over claims?
- Disputes are usually decided by the local court (Amtsgericht); higher courts are the regional court and the Federal Court of Justice for precedents [2].
How-To
- Document: take photos, create a defect list and note the date.
- Contact the landlord: report damages and confirm the handover date in writing.
- Use forms: fill termination letters and handover protocols and keep copies.
- Handover: sign protocol together, document key return and keep receipts.
Help and Support / Resources
- [1] §535 BGB – Landlord obligations
- [2] Federal Court of Justice – Decisions
- [3] Federal Ministry of Justice – Forms and samples