Check Paint Clauses: Tenant Rights in Germany

As a tenant, you often face questions about paint-choice clauses when moving out: Which obligations remain, which deadlines apply and which documents should you have ready? This guide clearly explains which records in the lease, handover protocol and correspondence are important, which deadlines for repairs or cosmetic work must be observed and how you can practically enforce your rights in Germany. You will receive concrete steps for checking clauses, tips on presenting evidence with photos and handover protocols as well as examples of how to respond formally — including references to relevant laws and courts. The goal is for you as a tenant to decide confidently and avoid unnecessary costs. Read on for practical checklists.

What are paint-choice clauses?

Paint-choice clauses specify whether and how the previous tenant or tenant must paint or renovate walls when moving out. Such clauses are only effective if they are clearly worded and reasonable for the tenant. Legal frameworks can be found in the BGB and relevant case law.^[1]

Which documents and deadlines should you check?

Systematically check the following documents and note all relevant deadlines so you can document claims transparently.

• Lease agreement: Read all clauses on cosmetic repairs and paint choice carefully.
• Handover protocol: Pay attention to the condition at move-in and move-out; it is important for evidence.
• Photos and videos: Document wall surfaces, stains and damage at move-in and move-out.
• Correspondence: Keep emails, letters and messages about paint choice.
• Deadlines: Note deadlines for landlord claims or requests immediately.

How to respond when moving out

Proceed in a structured way: first check contractual obligations, document the condition and respond in writing if the landlord makes claims. A formal objection documents that you are reviewing the claim.

1. Check whether the paint-choice clause is valid and specific.
2. Collect photos, the handover protocol and relevant messages as evidence.
3. Note deadlines and respond in writing before they expire if you object.
4. Create a short, formal response letter to the landlord with the date and references to evidence.
5. In case of dispute: consider filing a claim at the competent local court; find out about procedural options.^[2]

In many cases a factual compromise is possible if you provide evidence and meet deadlines. If legal questions remain, consulting legal advice can be useful; for important precedent issues, BGH case law is decisive.^[3]

Practical examples and forms

Templates and sample letters are not always available as standardized official forms, but you should prepare or obtain the following templates:

• Termination letter / return confirmation: a form or self-written letter to secure deadlines.
• Objection letter to the landlord: short, dated, referring to evidence and protocols.
• Evidence file: photographs and the handover protocol in printed and digital form.

FAQ

Do I have to paint when moving out if there is a paint-choice clause in the lease?

Not automatically; validity depends on wording and reasonableness. Check the contract and document condition and evidence before paying.

What deadlines apply for landlord claims?

There is no single short deadline for all claims; however, respond in writing immediately and record all deadlines to avoid legal disadvantages.

Where can I turn if there is a dispute?

For tenancy disputes the competent local court (Amtsgericht) is responsible first; higher instances include the regional court and the Federal Court of Justice for fundamental legal questions.

How-To

1. Check the lease: read the paint-choice clause and mark specific obligation passages.
2. Gather evidence: photograph the walls and attach the handover protocol.
3. Record deadlines: enter all deadlines in a calendar or deadline list.
4. Respond in writing: send the landlord a short dated letter with your objection or statement.
5. If no agreement: prepare documents for a possible claim and file them at the local court.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) online
• Federal Ministry of Justice and Consumer Protection (BMJ)
• Federal Court of Justice (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de