Tenant Rights: Cosmetic Repairs in Germany
Many tenants in Germany face claims for so-called cosmetic repairs when moving out. This article explains in clear, practical terms which obligations truly exist, how to check typical renovation clauses and which steps help to contest unjustified claims. You will get a checklist for documentation, guidance on deadlines and court procedures, and practical template actions you can apply immediately. The legal basis is found in the BGB; in disputes the local district court (Amtsgericht) often decides on claims or eviction cases.[1]
What are cosmetic repairs?
Cosmetic repairs usually include minor maintenance such as painting, wallpapering or patching plaster that are of cosmetic nature. These duties are often assigned to the tenant in the lease. However, many rigid or unfair clauses are invalid under case law, so landlords cannot demand arbitrarily.[1]
Distinction from maintenance
It is important to distinguish between normal cosmetic repairs and actual maintenance: damage from wear or technical defects usually falls under the landlord's responsibility under §§ 535 ff. BGB. Issues affecting habitability, heating or water supply concern usability rather than mere appearance.[1]
How to check claims at move-out?
First examine the lease wording: Are there fixed intervals, rigid dates or shifts of wear costs that unfairly burden the tenant? Look for clauses that require returning the apartment in a "like-new" state — these clauses are often invalid. Document condition and defects with photos, prepare a handover protocol and keep all correspondence.
- Take photos of the condition and store them with dates
- Report defects in writing to the landlord and document via registered mail
- Observe deadlines in the lease and set a reasonable follow-up period if needed
Example: checking a departure claim
If the landlord requests fees after you move out, first ask for a detailed breakdown of costs and receipts. If they demand renovation costs as a lump sum without proof, formally object in writing and set a deadline for documentation. If the landlord fails to respond, you can use a template letter and, if necessary, seek judicial clarification.[2]
Which clauses are often invalid?
Commonly invalid clauses include blanket cosmetic repair obligations without concrete duties, deadline catalogs that ignore actual condition, and clauses obliging tenants to renovate at move-out regardless of wear. Courts often rule in favor of tenants when such clauses unreasonably disadvantage them.[3]
FAQ
- What should I document at handover?
- Document wallpaper and flooring, damages, stains and the functioning of heating and electrics with photos and a handover protocol.
- Can the landlord demand flat renovation costs?
- Only if the lease clause is valid and the costs are proven; flat or vague clauses are often declared invalid.
- Where to go if there is a dispute about claims?
- The competent district court (Amtsgericht) decides in disputes; civil procedure rules of the ZPO apply for lawsuits.[2]
How-To
- Take photos: Photograph every room with dates and collect evidence.
- Report defects in writing: Send a defect notice with a deadline by registered mail.
- Set deadlines: Give the landlord a reasonable grace period to provide cost proofs.
- Legal action: File a claim at the competent district court if no resolution is reached.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – Laws in Germany
- Zivilprozessordnung (ZPO) – German Civil Procedure
- Federal Court of Justice (BGH) – Decisions and Information
