Cosmetic Repair Clauses - Tenants' Rights in Germany

As a tenant in Germany, you may encounter cosmetic repair clauses in your lease. Many wordings are vague, shift tasks unfairly to tenants, or demand blanket renovations when moving out. This article explains in plain language when such clauses are valid, what landlord duties under the German Civil Code (BGB) are, and how families can respond without conflict. You will find a step-by-step guide on required evidence and forms, applicable deadlines, and which authorities or courts are responsible. If necessary, we show how to formally object to an invalid clause and which standard forms courts accept. At the end you will find frequently asked questions, a short action guide, and official sources.

What is a cosmetic repair clause?

A cosmetic repair clause specifies in the lease which minor works (painting, wallpapering, interior painting) the tenant must carry out. Under general tenancy law in the BGB, the landlord is responsible for maintaining the dwelling; transferable cosmetic repairs are only valid under narrow conditions.^[1]

When is a clause invalid?

• Indefinite deadlines or rigid schedules that ignore the actual degree of wear.
• Clauses forcing a full renovation on move-out without specifying exact requirements.
• Shifting repairs that serve structural maintenance rather than cosmetic work.
• Flat fees or payments that are disproportionate to the real expense.

If your contract contains one of these formulations, the clause may be invalid. Record the exact wording and date of the lease; this helps in negotiations or proceedings.

How to contest invalid clauses

Check and document

Read the clause carefully and compare it to the apartment's condition. Take photos, create a handover protocol, and note relevant dates.

Formal objection and deadlines

Object to unclear or invalid claims in writing and set a reasonable deadline for clarification. Observe procedural deadlines under the ZPO if court action becomes necessary.^[2]

• Draft the objection precisely and date it.
• Allow a deadline of typically 14 to 30 days for a response.

If negotiations fail

If the landlord insists, seek legal review from a tenant advice center or attorney. Tenancy disputes are usually heard at the local court (Amtsgericht); appeals go to the Landgericht, and fundamental issues may reach the Federal Court of Justice (BGH).^[3]

Official forms and templates

For court proceedings there are general complaint forms and ZPO rules; specific forms are available from the competent local court or the justice portal. Examples:

• Complaint form / statement of claim (for eviction or declaratory relief) – use the form or the requirements of the competent local court.
• Formal objection / defect notice – document condition, date, and remediation deadline.

Use official justice portal guidance; private templates can be helpful but do not replace court or lawyer review.

Frequently Asked Questions

Am I required to fully renovate the apartment when moving out?

Only if the lease contains a valid, clear provision proportional to the actual wear. Many blanket full-renovation clauses are invalid.

Can the landlord change a cosmetic repair clause afterwards?

Changes after the fact require both parties' consent; unilateral adjustments by the landlord only apply in narrowly contractually agreed situations.

What is the role of the BGH?

The Federal Court of Justice rules on legal questions and has in several decisions set standards for clause validity; this case law guides local and regional courts.

How-To

1. Check the lease: read wording and deadlines carefully and note exact formulations.
2. Document: take photos, prepare a handover protocol and dated notes on the apartment's condition.
3. Object: send a formal defect notice with a deadline to the landlord.
4. Seek advice: contact a tenant advice center or check free municipal legal advice.
5. Court clarification: if the landlord files a claim, the local court is competent; prepare your evidence.

Key Takeaways

• Not every cosmetic repair clause is enforceable; wording and proportionality matter.
• Documentation and timely objection are crucial for success.
• Local courts handle tenancy disputes; BGH case law is influential.

Help and Support / Resources

• [1] Gesetze im Internet: BGB §§ 535–580a
• [2] Gesetze im Internet: ZPO
• [3] Federal Court of Justice (BGH) – Decisions on tenancy law

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