Cosmetic Repairs: Tenants in Germany

As a tenant in Germany you may face claims for cosmetic repairs after moving out. This practical guide explains in plain language how to check common demands, which obligations exist under the Civil Code (BGB) and how to collect and secure photo evidence systematically. You will learn when a renovation is truly your responsibility, which deadlines matter and how official forms or a letter to the local court can be prepared. Practical examples show how to document defects, date evidence photos correctly and which authorities or courts in Germany are responsible. The goal is to strengthen your rights as a tenant and avoid unnecessary payments.

What are cosmetic repairs?

Cosmetic repairs are usually minor maintenance tasks like painting walls or filling drill holes. Whether you as a tenant are liable depends on contractual agreements and actual wear and tear. The statutory duties of landlords and tenants' rights are regulated in the Civil Code (BGB).^[1]

How to make photo evidence correctly

Photo evidence is often the best proof against unjustified claims. Set up a clear photo and documentation routine, save metadata and secure images so they cannot be altered.

• Take photos at handover and when moving out (photo evidence)
• Save each image with date and location (photo evidence)
• Combine wide-angle and detail shots (photo evidence)
• Archive photos unchanged in cloud or on external drives (photo evidence)
• Supplement photos with witnesses or a handover protocol when possible (photo evidence)

Practical steps for unjustified claims

If the landlord raises claims, respond calmly and formally: request a detailed breakdown, send your photo evidence and set deadlines. Forms or template letters help structure the response.

• Send a written defect notice and attach photo evidence (form)
• Request a deadline for a response (form)
• Offer partial payment or settlement only if the claim is justified (form)

Courts and legal bases

Rental disputes are usually heard at the local court (Amtsgericht); appeals go to regional courts (Landgericht), and legal questions to the Federal Court of Justice. The Civil Code and the Code of Civil Procedure provide the legal framework.^{[1] [2]} Key BGH decisions provide guidance on interpretation of renovation clauses.^[3]

FAQ

Who pays for normal wear and tear?

Normal wear and tear is generally the landlord's responsibility; contract clauses imposing disproportionate duties on the tenant are often invalid.

How long should I keep photos?

Keep photos at least until the dispute is finally resolved, ideally several years as evidence.

Can I challenge a claim in court?

Yes, tenants can contest claims at the local court; ensure you have written documentation before proceeding.

How-To

1. Take and date photos at handover and before moving out.
2. Send a written defect notice with attached evidence.
3. Set a deadline for response and proof of receipt.
4. Consider filing a claim at the competent local court if required.

Key takeaways

• Photos and handover records are often decisive.
• Blanket cosmetic repair clauses are not always enforceable.
• Local courts are the first venue for disputes.

Help and Support / Resources

• Civil Code (BGB)
• Code of Civil Procedure (ZPO)
• Federal Court of Justice (BGH)

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1. [1] Civil Code (BGB) §§535–580a
2. [2] Code of Civil Procedure (ZPO)
3. [3] Federal Court of Justice (BGH) – Decisions