Color Choice Clauses for Tenants in Germany 2025

Many tenancy agreements in Germany contain so-called color choice clauses that determine which wall colors are permitted after moving out or who is responsible for renovations. As a tenant, you should know when such clauses are legally effective, which wordings are permissible and which deadlines apply. This guide explains in plain language what rights and obligations tenants have, how to identify ineffective clauses and which official steps are possible in disputes. You will receive practical wording examples, notes on cosmetic repairs and concrete action steps for discussions with the landlord or for clarification before a court in Germany.^[1]

What are color choice clauses?

Color choice clauses are contractual provisions in the lease that specify which colors are allowed in the apartment or which renovation work a tenant must perform when moving out. Some clauses only require neutral color tones, others demand a complete restoration to the original condition. Legally, such clauses are subject to limits: Vagely worded provisions that place an excessive burden on tenants can be ineffective.

What do color choice clauses regulate specifically?

• Specification of permitted colors and shades (e.g. "white", "beige").
• Deadlines for renovations or handover (deadlines/fristen) — when the work must be done.
• Requirements for the form of consent, e.g. written permission from the landlord (notice/form).
• Scope of cosmetic repairs: exactly what must be repaired or painted (repair/maintenance).

Tenants' rights and obligations

Tenants must not be unreasonably burdened. Clauses that rigidly require returning the apartment in a specific color state are often ineffective if they lack concrete deadlines or condition descriptions. Before taking any measures, tenants should examine the clause and request clarifications in writing. Document the condition and any agreements with photos or records.^[1]

When are clauses ineffective?

Clauses are often ineffective when they impose blanket restoration obligations without concrete specifications, overly extensive lists of duties for cosmetic repairs, or clauses that require costly renovations. Case law of the Federal Court of Justice has frequently ruled against overly vague clauses.^[3]

How should tenants act in practice?

1. Review the contract: read the exact wording and look for vague terms or blanket obligations (evidence/Beweis).
2. Contact the landlord: ask for concrete specifications and deadlines in writing (contact/notice).
3. Document damage: photograph the condition and keep receipts (repair/evidence).
4. Legal steps: in case of dispute, consider the local court or seek advice before taking costly action (court/hearing).^[2]

Wording examples and templates

Good clauses are specific: they name colors, conditions and deadlines. Example: "The tenant must return the walls in neutral white (RAL 9010); deviations must be agreed in writing with the landlord." Avoid phrases like "in a proper condition" without further definition.

Frequently Asked Questions

When do I have to paint the apartment?

Only if the lease contains a concrete and valid obligation. Blanket obligations are often ineffective.

Can the landlord prescribe a specific color?

Yes, insofar as the provision is concrete and proportionate; overly broad specifications are void.

Where to go in case of dispute?

Normally the local court (Amtsgericht) is competent; legal bases include §§ 535–580a BGB and the ZPO.^[1]

How-To

1. Check the contract first for exact wording and deadlines.
2. Request clarification from the landlord in writing if unclear.
3. Document condition and renovations with photos and receipts.
4. Seek legal clarification at the local court or from an official body if needed.^[2]

Key takeaways

• Specific, descriptive clauses are more likely to be enforceable.
• Blanket restoration obligations are often invalid.
• Documentation and written agreements help in disputes.

Help and Support

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Federal Court of Justice (BGH)
• Federal Ministry of Justice and Consumer Protection (BMJ)

1. [1] Gesetze im Internet – BGB §§535–580a
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof – Decisions