Cosmetic Repairs: Tenant Rights in Germany 2025

As a tenant in Germany, you often face questions about cosmetic repairs: Which works are included, who must pay for them, and when is a renovation permitted? This guide explains in clear language how tenants can identify damage, respect deadlines, and secure evidence. I describe typical clauses in rental agreements, when wear is permissible, and how to negotiate calmly with landlords. I also show which official laws and court decisions are relevant, which forms exist, and how to contact the local court if a dispute arises. The text helps you assess rights and duties and plan concrete steps to resolve repair issues. Use the practical tips provided.

What are cosmetic repairs?

Cosmetic repairs generally include painting, wallpapering, and small touch-up works that concern the apartment's maintenance. Whether an obligation exists depends on the specific contract wording and the wear. Under the German Civil Code, the landlord is generally obliged to maintain the rental property in a condition suitable for contractual use.^[1]

Quick steps for tenants

• Observe deadlines: Report defects as soon as possible, ideally within a few days.
• Document defects: Photos, date, description, and note any witnesses.
• Send a written defect notice: By email and additionally by registered mail to have proof.
• Check small repairs: Verify whether a small repairs clause in the lease is effective.
• In case of dispute: Set deadlines and, if necessary, consider the legal route to the local court.^[2]

Forms and templates

There is no single nationwide mandatory form for a defect notice, but some official templates and guidance are helpful:

• Termination letter (template from the federal ministry): Used when a persistent defect may justify termination; example: termination after repeated, unremedied significant defect.
• Defect notice (own written letter): State location, date, description of the defect, set a deadline for remedy (e.g., 14 days) and request confirmation.
• Evidence: Collect photos, reports and cost estimates; this helps with rent reductions or court claims.

See the legal bases and court decisions for concrete templates and guidance.^[1][3][4]

How does a dispute at the local court proceed?

Many tenancy disputes start at the local court. Procedure: written claim, filing under civil procedure rules, reconciliation hearing, possibly oral hearing and judgment. The court examines the contract, evidence and relevant case law.^[2]

FAQ

Who pays for cosmetic repairs?

Generally the landlord, provided it concerns ordinary maintenance; deviating clauses in the lease are only valid under strict conditions.^[1]

Can I reduce the rent if repairs are not done promptly?

Yes, substantial defects can justify a rent reduction. The amount depends on the type and extent of the defect and jurisprudence.^[3]

Are there official sample forms for tenants?

For some letters there are official templates and guidance; for individual defect notices a clear written letter with a deadline is recommended.

How-To

1. Take photos of defects: Document rooms, damages and dates.
2. Write a defect notice and send it to the landlord.
3. Set a deadline: Specify a concrete deadline for remedy, for example 14 days.
4. If no response: Gather evidence and consider filing in local court.^[2]

Key takeaways

• Document defects immediately with dated photos.
• Always send a written defect notice and set a deadline.
• If problems persist, inform the local court or seek legal advice.

Help and Support / Resources

• Gesetze im Internet: BGB §§535–580a
• Justizportal: Information on local courts
• Federal Court of Justice: tenancy law decisions

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1. [1] Gesetze im Internet: BGB §535 ff.
2. [2] Justizportal: Amtsgerichte und Zuständigkeiten
3. [3] Bundesgerichtshof: Decisions on tenancy law
4. [4] Federal Ministry of Justice and Consumer Protection