Tenant: Evaluate Repair Clauses in Germany

Tenants in Germany often face the question whether a cosmetic repair clause in the rental contract is valid and what obligations actually apply. This practical guide explains clearly how to review clauses, which legal bases are relevant, and how to collect, date and secure photo evidence correctly. You will also learn which official template forms you can use and which courts to contact in case of disputes. Step by step you will learn how to set deadlines, identify formal defects in the clause and present case evidence to rebut unjustified claims.

What is a cosmetic repair clause?

Cosmetic repairs typically include wallpapering, painting or similar cosmetic work. Not every clause in the rental contract is legally valid: formulations that oblige tenants to unlimited or flat-rate renovations are often invalid. The legal basis for landlord and tenant obligations can be found in the BGB, especially in the rules on tenancy and maintenance.^[1]

Step 1: Carefully evaluate the clause

• Read the exact wording of the clause in the rental contract and mark terms such as "complete renovation", "on moving out" or "flat-rate".
• Check whether deadlines or intervals are specified and whether these are realistic and transparently described.
• Compare the clause with templates and court rulings to identify typical invalid wordings.^[2]

If the clause is unclear or obviously one-sided, note the passages and take photos of the relevant pages of the rental contract for your records.

Step 2: Create photo evidence correctly

Photos are often decisive when it comes to rebutting unjustified claims. Document defects or the condition of the apartment thoroughly, and pay attention to date and context.

• Photograph the condition of entire rooms and individual defects from multiple angles.
• Secure date and time: use camera metadata or additionally take a photo of a current newspaper or a digital timestamp.
• Save copies in multiple locations (local and cloud) and keep a short photo log with captions.

Step 3: Notify the landlord in writing

Formally inform the landlord and request clarification of the claim if necessary. Correspondence and deadlines are important if the dispute goes to court.

• Send a written request with a deadline and a brief description of the reasons.
• Request a response within a clear timeframe (e.g., 14 days).
• Document phone calls: date, time and contact person.

Objection and legal steps

If you cannot resolve the claim out of court, the local district court (Amtsgericht) is the appropriate venue for tenancy disputes; higher instances are the regional court (Landgericht) and the Federal Court of Justice.^[3]

FAQ

Which formulations in clauses are often invalid?

Unclear, flat-rate formulations that oblige tenants to extensive renovations are often legally contestable. Check exact wording and refer to statutory rules.

How long should I keep photos?

Keep photos until a legal dispute or the settlement of the claim is finally concluded, but at least for several years.

Which court should I contact in case of dispute?

For initial tenancy lawsuits the local district court (Amtsgericht) is usually competent; appeals go to the regional court (Landgericht), and highest-court issues are decided by the BGH.

How-To

1. Read the clause completely and highlight questionable phrasings.
2. Create a photo documentation of the apartment condition with date verification.
3. Inform the landlord in writing, request clarification and set a deadline.
4. If necessary, file a lawsuit at the local district court and submit all evidence and photos.

Help and Support

• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Bundesgerichtshof (BGH) — Decisions
• Federal Ministry of Justice (BMJ) — Information and templates

1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Bundesgerichtshof (BGH) — Entscheidungen
3. [3] Bundesministerium der Justiz (BMJ) — Informationen und Muster