Evaluate Renovation Clause: Tenants in Germany

As a tenant in Germany it is important to know how renovation clauses in the handover protocol should be evaluated correctly. Many contracts contain wording that is unclear or appears mandatory at first glance, although it may be legally ineffective. This article explains clearly which clauses are permissible, which duties the landlord has, and how to proceed at move-out and during the handover. I describe practical steps for documenting defects, witnesses, deadlines and wording that help you resist unreasonable demands. At the end you will find concrete action steps, guidance on setting deadlines, on evidence preservation with photos and witnesses, and pointers to official sample forms for termination or defect notifications.

What is a renovation clause?

A renovation clause specifies which minor repairs the tenant must carry out when moving out. As a rule, the obligation for maintenance and defect remediation remains with the landlord according to the provisions of the BGB, in particular the landlords maintenance obligations.^[1] Clauses are often only effective if they do not unreasonably disadvantage the tenant and are clearly formulated.

What to check in the handover protocol

• Review wording: Read the clause carefully and watch for blanket transfers of obligations.
• Check deadlines: Verify whether deadlines are stated and whether they are realistic and lawful.
• Document condition: Record damages, wear and special features in writing in the protocol.
• Take photos: Photograph rooms, walls and defects as evidence.
• Name witnesses: If possible, have the handover accompanied by witnesses or have them sign.

Practical case handling

If a clause is unclear or you are unsure, request a written clarification from the landlord and document every communication. Set deadlines in writing and report defects before performing any final repairs. In case of disputed claims, you can have the validity of the clause examined by a court; typically local courts (Amtsgerichte) are responsible for tenancy disputes.^[2]

FAQ

Who bears the cost of normal wear and tear?

Normal wear and tear from proper use must be borne by the landlord; the landlord can, however, charge the tenant for excessive damage.

Can blanket renovation clauses be valid?

Blanket or unclear wordings are often invalid; binding agreements are clearly regulated and proportionate clauses.

When should I consider legal action?

If the landlord makes claims you consider unjustified and no agreement is possible, you can pursue legal action; seeking advice beforehand is often sensible.

How-To

1. Set a clear deadline: Request the landlord in writing to clarify or remedy a defect within a reasonable deadline.
2. Document in writing: Send defect notices and responses by email or registered mail and keep copies.
3. Secure evidence: Create photos, protocols and, if applicable, witness lists for the handover.
4. Court resolution: If you cannot agree, file a claim at the competent local court or seek advice beforehand.^[2]

Key Takeaways

• Precise documentation increases your chances of defending against unjustified claims.
• Unclear general clauses can be legally challenged and are not automatically binding.
• Seek legal advice early if deadlines or claims are unclear.

Help & Support / Resources

• Brgerliches Gesetzbuch (BGB)
• Federal Court of Justice (BGH) decisions on tenancy law
• Federal Ministry of Justice (BMJ) forms and information

1. [1] § 535 BGB – Duties of the landlord (gesetze-im-internet.de)
2. [2] Jurisdiction of local courts for tenancy disputes (justiz.de)
3. [3] Federal Ministry of Justice – Forms and templates (bmj.de)