Cosmetic Repairs for Tenants in Germany

As a tenant in Germany, you often face questions about cosmetic repairs: who must paint, which clauses are valid, and how to respond legally without a dispute? This article clearly explains the obligations of landlords and tenants, how courts typically assess clauses, and which deadlines and forms matter. You will receive practical steps, examples for a proper defect notice, and guidance on when going to the local court (Amtsgericht) may be appropriate. The language stays simple so that you as a tenant can understand your rights and act confidently — from evidence collection to effective communication with landlord and authorities in Germany. I also name important court decisions and official forms so you can find and use documents correctly.

Check the cosmetic repair clause

Start by reading the clause in the rental contract carefully. Pay attention to clear deadlines, specified rooms, and the exact wording. Many legal questions about the allocation of cosmetic repairs arise from the BGB and decisions of the Federal Court of Justice.^[1]

• Check deadlines: Is the clause time-limited or are intervals stated?
• Check wording: Is it specified which rooms are affected and whether forms or agreements apply?
• Document condition: Take photos, prepare a handover protocol and note dates.
• Check cost allocation: Does it state who pays for wear and when deductions are allowed?

When is a clause invalid?

Clauses that unilaterally impose extensive cosmetic repair obligations on tenants are often invalid. The Federal Court of Justice has repeatedly required that clauses be clear, balanced and not surprising; blanket transfers of renovation duties without considering wear are frequently contestable.^[2]

Practical steps before contacting the landlord

Before responding formally, document the condition, note deadlines from the contract and collect evidence. Then write a short, factual defect notice and request a response within a reasonable deadline.

• Collect evidence: photos, handover protocol and previous correspondence.
• Notify in writing: send a defect notice with a deadline (email + registered mail possible).
• Set deadlines: name a reasonable period, e.g. 14–30 days depending on the defect.

FAQ

Who pays for cosmetic repairs when moving out?

That depends on the clause in the rental contract and the actual degree of wear. Vague or blanket transfers are often unenforceable.

Can I reduce rent if the landlord does not respond to defects?

For significant defects you may under certain conditions reduce rent; document the scope and duration and check deadlines under § 536 BGB.^[1]

When should I involve the local court?

If the landlord does not respond to legitimate claims and enforceable rights are at stake, filing with the local court (Amtsgericht) may be appropriate; prior advice is recommended.

How-To

1. Check the contract: locate the clause, note deadlines and affected rooms.
2. Document condition: take photos, create a handover protocol and date everything.
3. Create a written defect notice and deliver it to the landlord with a deadline.
4. If no response, set a final deadline and consider contacting the local court.
5. If unsure, seek legal advice and have documents (contract, photos, correspondence) ready.

Key takeaways

• Thorough documentation strengthens your case in disputes.
• Written defect notices with deadlines often lead to solutions without court action.
• Courts demand clarity and fairness in clauses; blanket obligations are vulnerable.

Help and Support

• Civil Code (BGB) §§ 535–580a – Gesetze im Internet
• Federal Court of Justice – decisions and guidance
• Federal Service Portal – official forms and information

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a – Gesetze im Internet
2. [2] Bundesgerichtshof (BGH) – decisions on tenancy law
3. [3] Federal Service Portal – forms and official information