Color Choice Clauses in Handover: Tenants Germany

Many tenants in Germany face unclear or unreasonable color-choice clauses in the handover protocol when moving in or out. Such clauses can later lead to disputes over cosmetic repairs or additional claims. This guide explains in plain language which typical mistakes occur, how you as a tenant should document correctly, and which legal steps are possible. The goal is to give you practical checklists, tips for collecting evidence, and guidance on competent authorities so you can defend your rights without unnecessary expense.

What are typical errors with color-choice clauses?

Color-choice clauses often specify which wall colors are acceptable upon moving out. Frequent problems are vague wording, technically unrealistic requirements, or conflicts with higher court rulings. Pay special attention to these errors:

• Unclear terms like "neutral color" without precise definition.
• Blanket obligations without deadlines or concrete instructions.
• Missing documentation at move-in: no photos or record of wear and tear.
• Clauses that transfer all cosmetic repair duties to the tenant in a blanket manner.
• Bans on using colors that are technically common or have been held permissible by the BGH.

How tenants should document correctly at move-in

Good evidence reduces the risk of later claims. Create a detailed handover protocol with date, time, and the names of all present. Photograph walls, sockets and built-in cupboards from several angles and store photos with dates. Note obvious defects and the condition of walls in writing.

• Photos and videos of all rooms (photo).
• Completed handover protocol signed by both parties (form).
• Record date and time to document deadlines (deadline).
• Note landlord and witness contact details (help).

How to react if the landlord demands afterwards?

First examine the concrete demand: which works are required, what deadlines does the landlord set, and on what legal basis is the demand founded. Request a written breakdown of costs and demand invoices for claimed reimbursements. Set a deadline for a response and document all correspondence.

Forms and competent authorities

Important legal bases are §§ 535–580a BGB.^[1] Court procedures follow the German Code of Civil Procedure (ZPO).^[2] For legal questions about clauses or lawsuits, the local district court (Amtsgericht) is often competent in the first instance; higher instances include regional courts or the Federal Court of Justice.^[3]

If you consider legal action, use the official forms and guidance from justice portals for complaints and applications.^[4]

FAQ

Can a color-choice clause prohibit a tenant from using their own colors?

Only if the clause is concrete and reasonable; blanket prohibitions without a specific purpose are often invalid.

How long do I have to object to a claim?

Set a written deadline for a response; statutory time limits for filing a lawsuit depend on the case and follow the ZPO.

Do I always have to fix damages when moving out?

Only for damages that go beyond normal wear and tear or that have been contractually agreed upon in a valid way.

How-To

1. Take photos and videos: document every room and damage and save with dates.
2. Fill out the handover protocol: note colors and wear, and have it signed.
3. Set deadlines: respond in writing within reasonable timeframes and document them.
4. Check legal remedies: for serious claims, consider filing with the competent district court (Amtsgericht).

Help and Support

• District courts / Federal Court of Justice information
• BGB: Civil Code (gesetze-im-internet.de)
• ZPO: Code of Civil Procedure (gesetze-im-internet.de)

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH) - Central page
4. [4] Justice Portal: Forms and guidance of the judiciary