End-of-Tenancy Repairs for Tenants in Germany

Many tenants face the question at moving out which end-of-tenancy repairs are actually mandatory and which costs they must bear. In Germany, the tenancy agreement, case law and the German Civil Code (BGB) regulate duties regarding cosmetic repairs, maintenance and handover^[1]. This guide answers common practical questions, lists the most important deadlines and explains how to document defects, prepare a handover protocol and, if necessary, enforce your rights at the local court^[2]. You will get concrete example phrases for correspondence, information on sample forms and tips to negotiate calmly with the landlord.

What tenants need to know about end-of-tenancy repairs

Whether and to what extent cosmetic repairs can be required depends on the contractual agreement and current case law. Blanket clauses are often invalid; courts examine clauses that obligate tenants too broadly. Practically important is how you prove defects and which deadlines apply.

• deadlines: Check deadlines for handover and repair periods in the tenancy agreement.
• repair: Document all defects with photos, date and short descriptions.
• document: Create a detailed handover protocol together with the landlord.
• rent|deposit: Clarify issues about the deposit and final accounting in writing and request receipts.
• notice: Use sample texts for deadlines and defect notices, if necessary send by registered mail.

Examples: A blanket obligation to carry out cosmetic repairs without limitation is often invalid; conversely, clearly worded and reasonable agreements may be valid. If the landlord claims an obligation, ask for concrete positions and evidence. Respond in writing and set deadlines if necessary.

Forms, templates and practical examples

Important forms/templates tenants can use:

• Termination letter (template) – Draft a clear termination with address, rental property, termination date and signature.
• Handover protocol (template) – Record meter readings, existing damages and agreed repairs; both parties sign.
• Defect notice / request to remedy – Set a reasonable deadline and document the dispatch (e.g. registered mail).

Practical example: If you find mold in the apartment, photograph the infestation, report it in writing to the landlord and set a deadline for remediation. If there is no response, consider rent reduction or prepare court action and involve the local court^[3].

FAQ

What are "cosmetic repairs" and who pays for them?

Cosmetic repairs are smaller works such as painting or wallpapering. Whether tenants must pay depends on the wording of the tenancy agreement and case law.

Do I have to repaint the entire apartment?

Only if there is a valid contractual agreement. General clauses that require everything are often invalid.

What if the landlord does not respond?

Document defects, send a written deadline notice by registered mail and inform the local court if no solution is possible.

How-To

1. notice: First read the tenancy agreement and mark all clauses on cosmetic repairs.
2. document: Photograph defects, keep a defect log and collect receipts.
3. notice: Send the landlord a defect notice with a deadline (in writing, registered mail recommended).
4. court: If the landlord does not react, prepare documents for a claim at the local court.
5. move-out: Complete the handover protocol during the apartment handover together and have it signed.

Help and Support / Resources

• Gesetze im Internet: BGB §535 ff.
• Justiz: Information and guides to local courts
• Federal Court of Justice (BGH)

1. [1] German Civil Code (BGB) §535 – Gesetze im Internet
2. [2] Justiz: Information and guides to courts – Justiz
3. [3] Federal Court of Justice (BGH) – Bundesgerichtshof