Tenants: Paint Clauses and Photo Evidence in Germany

As a tenant in Germany it is important to document paint clauses in the lease contract properly, especially if they lead to disputes with the landlord. This guide shows step by step how to collect photo evidence, record timestamps and descriptions, distinguish defects from cosmetic repairs, and serve formal notifications correctly. It also explains which deadlines apply, which forms you may need at authorities or the local court and how to assert your rights under the BGB. The aim is to give you simple, practical steps so you can reliably prove damages, repair claims or disputes and, if necessary, be represented in court. The tips are practical and take into account BGH case law as well as BGB provisions so you are well prepared.

What are paint clauses?

Paint clauses regulate in the lease which colors or designs are permissible on move-out. Such clauses are possible but must not unreasonably disadvantage the tenant; their interpretation follows the rules of the BGB.^[1]

Documentation: step by step

1. Photo capture: Photograph wall surfaces from different angles in high resolution.
2. Date and timestamp: Record date and time in a photo or a separate file.
3. Labeling: Write short context for each photo (room, lighting, lens distance).
4. Written notice: Send findings by registered mail or e-mail with read receipt to the landlord.
5. Receipts and invoices: Keep all receipts for renovation materials and contractor invoices.
6. Backup copy: Store photos and documents in at least two locations (e.g., cloud + external drive).

Forms and local court

There is no single "standard form" for every situation; many declarations (e.g., a termination letter) can be made without a specific form. For court proceedings use the complaint according to the ZPO requirements; eviction suits have special procedural rules.^[2] Practical example: If the landlord does not respond to a documented defect, first send a formal deadline by registered mail, document the delivery and then, if necessary, prepare the complaint for the local court. The local court (Amtsgericht) is usually the first instance for tenancy disputes.

If it goes to court

In court the quality of your evidence matters: clear photos with timestamps, written communications and proof of contractor costs. Decisions follow BGB rules and relevant BGH case law.^[3]

• Local court: Responsible for most tenancy dispute matters.
• Evidence preservation: Keep a chronological file with photos, messages and receipts.
• Legal advice: In complex cases seek advice or legal representation.

FAQ

Do I have to accept a paint clause?

Not automatically; clauses must not unreasonably disadvantage tenants and are examined based on their wording and circumstances.

How do I best prove that a renovation was necessary?

With clear photos, timestamps, written communication with the landlord and receipts for materials or contractor costs.

Which court should I contact for tenancy disputes?

Usually the local court (Amtsgericht); appeals proceed to the Landgericht and possibly the BGH.

How-To

1. Take at least three photos per room: overview, detail and close-up of affected areas.
2. Secure date: Ensure camera metadata or a separate dated note records the time.
3. Create a file: Make a short file with photo, description and link to the lease clause.
4. Send notice: Deliver your findings by registered mail or e-mail with read receipt to the landlord.
5. Keep records: Retain all documents until the tenancy is finally closed.

Help and Support

• Local Court / Justice Portal
• Laws in the Internet (BGB)
• Federal Court of Justice (BGH)

1. [1] BGB §§ 535–580a – Bürgerliches Gesetzbuch
2. [2] ZPO – Zivilprozessordnung
3. [3] Bundesgerichtshof – Decisions and Information