Tenants: Final Renovation Agreements in Germany

As a tenant in Germany, you often face many questions at final renovation: which repairs are mandatory, which lease clauses are permissible, and what wear and tear can the landlord charge for? This article explains clearly and practically how to contractually regulate final renovation obligations, which rights and duties follow from the BGB and how to protect your deposit. You will receive concrete steps for the apartment handover, documentation of defects, and how to handle landlord claims. We also show when legal action makes sense and which courts are competent. Read on for templates and sample wording.

What applies legally?

In principle, the provisions of the Civil Code govern the duties of landlords and tenants regarding maintenance and cosmetic repairs. For details on obligations and the assessment of wear and tear, you should consult the relevant BGB provisions.^[1]

What should be in the lease?

If final renovation obligations are agreed contractually, wording should be clear, specific and time-limited. Vague clauses about "fresh coats of paint" or flat cosmetic repair charges can be invalid.

• Specific deadlines for renovations instead of vague wording.
• Precise description of scope (e.g. painting walls, no floor work).
• Rules on deposit use and possible deductions.
• Reference to handover protocol and consent requirements for contractors.

Apartment handover and evidence

Document the condition at move-out carefully: detailed photos, a handover protocol with date and witnesses, and copies of invoices for proper work protect you from unjustified claims.

• Take dated photos of all rooms and damages.
• Create a signed handover protocol together with the landlord.
• Keep invoices or quotes for any performed work.

If a dispute arises

If the landlord asserts claims, first check the contract clauses and your documentation. Many tenancy disputes are heard in the local court (Amtsgericht); for questions about precedent, legal advice may be necessary and appeals can reach the Federal Court of Justice.^[2] There are standardized forms and guidance for court proceedings available from the Justice Ministry.^[3]

How-To

1. Check the lease: read all renovation clauses carefully and note unclear points.
2. Inform the landlord: request a written clarification or adjustment of clauses.
3. Set deadlines: agree realistic dates for work and record them in writing.
4. Collect evidence: take photos, prepare protocols and keep receipts for all work performed.
5. Seek advice: use tenant protection or free advisory services before filing a lawsuit.
6. Final step: if claims are unfounded, consider filing at the competent local court.

Frequently Asked Questions

Who pays for normal wear and tear?

Normal wear and tear is part of regular use and is generally not the tenant's responsibility.

Can flat renovation clauses be valid?

Many flat or vague clauses are restricted or invalid under case law; individual review is worthwhile.

How long can a landlord withhold the deposit?

The landlord may withhold the deposit while assessing legitimate claims; however, excessive retention is not permitted indefinitely.

Help and Support / Resources

• Gesetze im Internet (BGB) — Federal Ministry of Justice
• Federal Court of Justice (BGH) — Decisions and information
• Federal Ministry of Justice (forms & guidance)

1. [1] Civil Code (BGB) — Gesetze im Internet
2. [2] Federal Court of Justice — BGH
3. [3] Federal Ministry of Justice — Forms and Guidance