Cosmetic Repairs: Tenant Rights in Germany

Many tenants in Germany face claims for alleged cosmetic repairs when moving out that they consider unjustified. This guide explains in clear practical terms how you as a tenant can identify your rights, check common lease clauses and contest unlawful claims. We explain the landlord's maintenance duties under law, applicable deadlines and which evidence is important. It contains concrete action steps, suggested wording for objections and pointers to courts and official legal sources in Germany. The language is deliberately plain so you can make decisions confidently and carry out necessary steps like documentation, written objection or filing a lawsuit. Examples and templates help with the next step.

What are cosmetic repairs?

Cosmetic repairs usually include jobs like painting, wallpapering or minor surface touch-ups. The basic allocation of duties is governed by the German Civil Code (BGB), which obliges landlords to maintain the property and protects tenants' rights^[1]. Many standard renovation clauses in leases are limited or invalid according to current case law.

Recognising unjustified claims at moving-out

Landlords sometimes assert claims that go beyond what is reasonable. Courts such as the Federal Court of Justice (BGH) have repeatedly clarified that blanket or overly strict renovation obligations can be invalid; examine every claim closely^[2].

• Take photos at move-in and move-out and prepare a handover protocol (photo).
• Collect invoices and receipts; keep quotes and payment proofs (receipt).
• Send a written objection to the landlord and set a deadline for response (form).
• Observe deadlines: respond promptly to avoid losing rights (deadline).
• Contact tenant advice centres or a lawyer if unclear (contact).
• Consider court action at the competent local court only when necessary (court).

Forms and courts

Legal proceedings follow rules in the Code of Civil Procedure (ZPO); many proceedings start at the local court (Amtsgericht), which handles rental disputes^[3]. Practical forms are usually available from the competent court or official justice portals.

• Eviction claim / complaint form at the local court: when a landlord seeks eviction, the court accepts the complaint (court).
• Payment order (Mahnbescheid) for monetary claims: formal application to the competent court to enforce payment (form).
• Written objection by the tenant: no official template required, but a dated signed letter increases effectiveness (form).

How-To

1. Document the apartment condition with photos, video and a handover protocol (photo).
2. Send a written objection to the landlord requesting a detailed cost breakdown (form).
3. Set a reasonable deadline for response and observe statutory time limits (deadline).
4. Check invoices for reasonableness and compare quotes (receipt).
5. Use free tenant counselling services or obtain an initial legal consultation (contact).
6. If necessary, prepare a claim at the competent local court and submit evidence (court).

Frequently Asked Questions

Do I have to fully renovate when moving out?

Not automatically. Blanket renovation clauses in leases are often invalid; check the specific clause and recent case law.^[2]

What deadlines apply for raising objections?

There is no uniform statutory deadline for objections to cost notes; however, respond within a few weeks and set a deadline for the landlord's reply (see ZPO rules for court actions).^[3]

Who pays for necessary repair work?

The landlord generally bears maintenance duties; only where a valid contractual allocation exists may the tenant be liable. See the BGB for details.^[1]

Help and Support

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Federal Court of Justice (BGH)
• Federal Ministry of Justice (BMJ)

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Bundesgerichtshof – bundesgerichtshof.de
3. [3] Zivilprozessordnung (ZPO) – gesetze-im-internet.de