Color Clause Checklist for Tenants in Germany

Many tenants in Germany face the question of how binding color clauses in the rental agreement are and what obligations apply when moving out. This guide explains in plain language what tenants should watch for: how the wording defines the obligation, which deadlines matter, and how to use dated photos and handover records. You will also learn how to interpret court basics and when to file an objection or seek clarification at the local court. The tips help avoid unnecessary claims and make practical use of your rights under the BGB as well as procedural options.

What are color clauses?

Color clauses stipulate which colors or finishes a tenant must leave at move-out. Some clauses demand "white walls", others specify exact shades or renovation intervals. Whether such a clause is valid depends on the specific wording and reasonableness; general rules of tenancy law apply.^[1]

Checklist: review color clauses when moving out

• Read the exact wording (formulation): is it an obligation or a recommendation?
• Check deadlines (deadline): are renovation intervals or time limits specified?
• Assess reasonableness (repair): is the demand technically and economically reasonable?
• Create documentation (evidence): photos, invoices, and a handover report
• Check costs (deposit): compare flat fees or actual deductions
• Keep the legal route in mind (court): disputes can be decided by the local court^[2]

Practice: securing evidence

Before moving out, proceed methodically: take dated photos of the walls, obtain quotes for painting, and create a joint handover protocol with the landlord to reduce conflicts. Determine which rooms are affected and whether only specific areas are demanded to be repainted.

FAQ

What exactly is a color clause?

A clause in the lease that specifies which colors or finishes must be present at move-out. Validity depends on wording and reasonableness.

Can the landlord require specific colors?

Yes, but only insofar as the requirements are not excessively burdensome; rigid, highly restrictive demands may be invalid.

What can I do if the landlord claims costs?

Document evidence, request a detailed accounting, and consider objection or lawsuit before the competent local court; procedural rules are in the ZPO.^[2]

How-To

1. Check the clause wording and note mandatory phrasing.
2. Take dated photos of the current condition and collect move-in records.
3. Ask the landlord in writing for clarification and a breakdown of any costs.
4. Compare requested amounts with typical market rates for painting.
5. If no agreement: file an objection and note deadlines for court action; proceedings at the local court are possible.^[2]
6. Seek professional advice if uncertain or when facing large claims.

Help & Support / Resources

• BGB §535 — Duties of the landlord
• ZPO — Code of Civil Procedure (procedural law)
• Federal Court of Justice (BGH) — Jurisprudence on tenancy law

1. [1] Bürgerliches Gesetzbuch (BGB) §535 — Pflichten des Vermieters
2. [2] Zivilprozessordnung (ZPO) — Gerichtsverfahren
3. [3] Bundesgerichtshof (BGH) — Gerichtliche Entscheidungen