Color Clause: Tenant Rights in Germany

As a tenant in Germany you may wonder how color-choice clauses in the rental agreement and during the handover should be treated. Clear, factual documentation in the handover protocol protects your rights and reduces disputes with the landlord. This text simply explains which wordings typical color-choice clauses include, how to record agreements on color choice and cosmetic repairs in writing, and which deadlines or proofs are important. We show which official provisions from tenancy law are relevant^[1], which forms are helpful and how to proceed in case of conflicts. Practical examples and step-by-step instructions help you act correctly during handover and renovation. Read on for sample sentences for the protocol, deadline tips and how to use photos and witnesses.

Understanding color-choice clauses

Color-choice clauses often regulate which color tones are allowed or whether the flat must be handed over in neutral colors upon moving out. Such clauses are permissible but must not impose unreasonable obligations on tenants. Important: Blanket obligations without concrete deadlines or compensation can be legally contestable. The legal foundations for tenancy relationships are found in the BGB.^[1]

What belongs in the handover protocol

• Date and deadlines / deadline: exact handover date, agreed deadlines and appointments should be recorded.
• Agreed colors and arrangements / record: precise color names, RAL or color references, attach sample photos.
• Condition of walls & cosmetic repairs / repair: note holes, cracks or previous damage.
• Photos and evidence / evidence: take multi-angle photos with dates, possibly name witnesses.
• Signatures and forms / form: signatures of tenant and landlord, add form details if applicable.

Important forms and templates

• Termination letter (BMJ template) — Name: "Termination of tenancy". When: at contract end or for timely termination. Example: You send a signed termination letter by registered mail, include an agreed handover date and note the color-choice agreement in the protocol.^[3]
• Filing a claim / form at the local court — Name: Statement of claim according to the ZPO. When: for unresolved disputes such as claims for compensation or eviction. Example: If the landlord demands excessive renovation costs, prepare the claim with evidence and witness statements.^[2]

If the landlord demands otherwise

If the landlord demands a different color choice than agreed or requires a complete repaint without basis, first check the written agreements in the rental contract and the handover protocol. If there is no clear agreement, blanket demands are often ineffective. Generally, the local court decides; procedural matters are governed by the ZPO.^[2] In legally unclear clauses seek legal assessment, possibly via advice or court proceedings.

Key takeaways

• Record color agreements in writing in the handover protocol.
• Note deadlines and appointments clearly to avoid later disputes.
• Use official sample forms for termination or claims when necessary.

FAQ

Can the landlord dictate which color I must choose?

In principle, permissible color-choice clauses exist but must not unreasonably disadvantage tenants. If there are no concrete agreements, usual tenancy law rules apply.^[1]

Do I have to hand over in neutral colors when moving out?

Only if this is agreed in writing or a valid clause is in the rental contract. Other demands without a concrete basis can be contested.

What evidence helps me in a dispute?

Photos with dates, a signed handover protocol, witness statements and correspondence with the landlord are decisive.

How-To

1. Take photos: Photograph all walls from multiple angles and keep original files.
2. Note deadlines: Put handover date and any renovation deadlines clearly in the protocol.
3. Use a form: Use official templates for termination or claim filing and attach evidence as needed.^[3]
4. Contact the court if needed: File documents at the competent local court if amicable resolution fails.^[2]

Help and Support

• Gesetze im Internet – BGB
• Bundesgerichtshof – Decisions
• Federal Ministry of Justice – Forms & Templates

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Federal Ministry of Justice – Forms and Templates