Tenant Guide: Paint Clauses in Germany

As a tenant in Germany, you should know how paint clauses in the lease work and when you can oppose them. This guide explains in plain language which wordings are common, what legal limits the landlord has, and how to systematically secure photographic evidence. The goal is to give you concrete steps: review the clause, document the condition, inform the landlord and observe deadlines. You will receive practical templates and pointers for next steps, including the courts responsible for tenancy disputes and references to the relevant sections of the BGB.^[1]

What are paint clauses?

Paint clauses specify in the lease which wall colors or renovation standards apply when moving out. Some clauses require walls to be painted in certain colors or allow only neutral tones. Such provisions are generally permissible, but they must not unreasonably disadvantage the tenant or impose rigid renovation obligations. Watch out for vague phrases like "neutral colors" without specifying scope or deadlines.

When are clauses permissible?

Clauses that impose only reasonable obligations on the tenant are more often permissible. Important factors are wear and tear, duration of tenancy and specific color specifications. Decisions by the BGH have repeatedly emphasized that contract clauses must not lead to blanket disadvantages.^[3]

How to practically check a paint clause

• First check deadlines and conditions in the contract, e.g. on moving out or cosmetic repairs.
• Document the condition of the walls with clear photos and note the date and room name.
• Record every communication with the landlord in writing or by email for later evidence.
• Distinguish between normal wear and damage; not everything requires renovation.
• If necessary, check the prospects of legal clarification before the local court.

If unsure, take a quick look at the relevant statutory provisions in the BGB regarding landlord duties and cosmetic repairs.^[1]

Practical tips for photo documentation

Evidence photos should be clear, sharp and well lit. Photograph each entire wall and close-ups of defects or color transitions. Add a reference measure (e.g. a ruler or a piece of furniture) to show size. Save photos unaltered and with dates in filenames and in a structured folder system.

FAQ

Can the landlord prescribe a specific wall color?

Yes, as long as the clause is concrete and not excessively burdensome for the tenant; general, vague requirements are often invalid.

Are photos sufficient as evidence in court?

Photos are an important piece of evidence, especially if they clearly show date and condition; additional witnesses or written correspondence strengthen your position.

Do I have to paint all walls white when moving out?

Only if there is a valid, clear contractual obligation to do so; general clauses without specific obligations are often unenforceable.

How-To

1. Take whole-wall and detail photos of the current condition immediately.
2. Secure date and time in filenames and notes.
3. Send a formal notification to the landlord and document the dispatch.
4. Distinguish which damages must actually be repaired and which are normal wear and tear.
5. If no agreement is possible, inform the competent local court about the next steps.

Key Takeaways

• Keep all receipts and photos organized and unaltered.
• Always communicate in writing to have proof.
• Check clauses for vagueness and disproportion.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Zivilprozessordnung (ZPO) – Gesetze im Internet
• Bundesgerichtshof (BGH) – Decisions

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) – Decisions
4. [4] Justizportal – Information on Courts