Tenant Rights: Cosmetic Repairs in Germany
What is a cosmetic repair clause?
A cosmetic repair clause regulates in the lease which minor repairs the tenant must carry out when moving in, during the tenancy or when moving out. It often concerns wallpapering, painting walls or small floor repairs. Whether a clause is effective depends on the exact wording and case law; central legal bases can be found in the BGB.[1]
What tenants should check
- Deadlines: Are fixed renovation periods named or only vague time indications?
- Scope of duties: Which works are specifically required and are they customary at all?
- Cost issues: May the landlord claim costs or deduct from the deposit?
- Formulations: Does the clause demand rigid deadlines or a flat obligation without depreciation?
Practical steps for tenants
First check the exact wording in the lease and note all passages on cosmetic repairs. Document the current condition of the apartment with photos and dates. If the landlord demands work, respond in writing and set a reasonable deadline for a response.
If the clause is unclear or obviously disadvantageous, you can challenge its validity. Often a factual letter or a mediated conversation will find a solution. If in doubt, file a written defect notice to limit later claims.
How-To
- Document: Take dated photos of defects and the overall condition at move-in and move-out.
- Check the lease: Search specifically for wording on renovation deadlines and areas.
- Set a deadline: Ask the landlord in writing to clarify or withdraw excessive demands.
- Offer contact: Propose an amicable arrangement or a contractor appointment.
- Court clarification: If necessary, resolve tenancy issues at the local court; contact the appropriate authority.[2]
FAQ
- Who covers normal wear and tear?
- Normal signs of use generally fall under the apartment's useful life and are usually not to be remedied by the tenant.
- Can rigid renovation deadlines be invalid?
- Yes, rigid deadlines without regard for the actual degree of wear are often invalid according to case law.
- Must I react immediately to demands?
- Respond promptly in writing, document everything and observe legal deadlines to preserve rights.
Key Takeaways
- Documentation protects you from unfounded claims.
- Observe deadlines and respond in writing and on time.
- Check contract wording carefully and use official templates if needed.
Help and Support / Resources
- BGB (Gesetze im Internet)
- Federal Court of Justice – Decisions
- ZPO (Procedural Rules) – gesetze-im-internet.de
