Cosmetic Repairs: Tenant Guide for Germany
Tenants in Germany often face questions about cosmetic repairs: what counts, who pays, and how do I prove the apartment's condition? This text explains in plain terms how you as a tenant can distinguish damage from normal wear, systematically create photo evidence and track deadlines. We show which steps help you check a landlord's claims and defend your rights in a dispute without complicated legal jargon. Practical tips for drafting defect notices, documentation before and after moving out, and how to prepare for court procedures complete the guide.
What are "cosmetic repairs"?
Cosmetic repairs usually concern surfaces such as walls, wallpaper, floors and doors. They differ from necessary repairs that ensure the habitability of the apartment. Under German tenancy law, rules in the Civil Code allocate some responsibilities between landlord and tenant.[1] For tenants it is important: not every sign of wear must be repaired by the tenant; normal wear is often acceptable.
Typical examples of cosmetic repairs
- Painting rooms or wallpapering due to wear.
- Minor touch-ups to skirting boards, doors and door frames.
- Replacing damaged outlet covers or small surface defects.
Who pays the costs?
In principle the landlord is responsible for the maintenance of the apartment; contractually some cosmetic repairs may be assigned to the tenant, but only if clauses are permissible. If clauses are unclear or excessive, tenants should check whether the clause is valid or contrary to case law. The local court (Amtsgericht) typically handles civil disputes in the first instance; higher instances include the Landgericht and the Federal Court of Justice (BGH).[2][3]
Frequently Asked Questions
- Who pays for renovations when moving out?
- Whether tenants must pay when moving out depends on the validity of the renovation clause in the lease and the actual condition; normal wear is generally not the tenant's responsibility.
- Are photos sufficient as evidence?
- Yes, well-dated photos with multiple perspectives and comparison images (move-in condition) are strong evidence of the apartment's condition.
- Where to go in a dispute?
- Civil disputes are handled by the local court; for legal questions and precedents, decisions of the BGH may be relevant.[2][3]
How-To
- Photograph every room systematically: wide shots and close-ups with date stamps.
- Create a protocol immediately with date, time and short descriptions of defects.
- Send a written defect notice to the landlord and request confirmation.
- Document all contacts: calls, emails and the landlord's responses.
- If necessary, prepare documents for the local court and check forms such as payment orders or a complaint form.[4]
Help and Support / Resources
- [1] Gesetze im Internet: BGB §535 ff.
- [2] Justizportal: Information on courts
- [3] Federal Court of Justice (BGH)
