Cosmetic Repairs 2025 - Tenants in Germany
As a tenant in Germany, it is important to know how cosmetic repair clauses are assessed and when landlords remain responsible. This text explains in plain language which rules of the BGB apply, how to collect evidence and which deadlines to watch. You will learn concrete steps, which forms and courts are relevant, and how to proceed in case of unclear clauses. The aim is to give you practical options so you can make reliable decisions and represent your rights confidently in tenancy disputes.
What is a cosmetic repair clause?
A cosmetic repair clause refers to contract terms in the rental agreement that specify to what extent the tenant must paint, replace wallpaper, or perform small touch-ups. Such clauses in Germany are only valid if they are clear and reasonable for the tenant. The BGB regulates basic landlord duties and tenant rights, for example regarding defect remediation and rent reduction[1].
When is a clause valid?
A clause is regularly invalid if it imposes rigid deadlines or flat-rate cosmetic repairs on the tenant without regard to condition and wear. Contract terms must be transparent and balanced; the BGH has set limits on rigid timeframes that ignore actual wear[3]. Statutory warranty rights remain, for example when defects affect habitability and entitle to rent reduction[2].
Practical steps for tenants
If you are unsure, follow these steps to secure your position and collect evidence.
- Take photos of the apartment condition immediately on move-in and before moving out.
- Keep the lease and all written agreements safe.
- Observe deadlines for rent reduction and responses to defect notices.
- Contact local tenant advice or the district court for jurisdiction questions if needed.
If you find an unclear or seemingly invalid clause, send the landlord a written request for clarification with a deadline and attach evidence. Use clear wording and specify what is unclear and which evidence you provide[4].
Evidence and forms
Systematically collect: lease, handover protocol, dated photos, invoices for repairs, and correspondence with the landlord. For court actions, official justice forms are relevant; use the official case forms of the courts for lawsuits or payment orders.
Rights, courts and deadlines
In disputes, the local district court (Amtsgericht) is competent; it rules first on tenancy disputes and eviction claims. Appeals can go to the regional court and ultimately the Federal Court of Justice. Procedural deadlines are strict; failure to respond can cause disadvantage.
FAQ
- Who generally pays for cosmetic repairs?
- Generally the landlord bears maintenance duties; individual contract clauses can shift parts to tenants but are only valid if clear and reasonable.
- Can I reduce rent because of no heating?
- Yes, serious impairments to habitability, like lack of heating, can justify rent reduction; document timing, duration and communication with the landlord.
- Do I have to fully renovate when moving out?
- Only if contractually valid and reasonable. Flat, undifferentiated renovation demands are often invalid.
How-To
- Document: Photograph better and problematic areas on move-in and regularly during the tenancy.
- Write: Request a written clarification of unclear clauses by letter or email and set a reasonable deadline.
- Observe deadlines: Respond to notices and file applications with the competent district court within set timeframes.
- Seek advice: Contact official legal counseling centers or tenant advice services in your federal state.
Key Takeaways
- Not every renovation demand is legally enforceable.
- Good evidence and a handover protocol are often decisive.
- Use official advice and the competent courts in disputes.
Help and Support / Resources
- Gesetze im Internet (BGB) - Official legal texts
- Federal Court of Justice - information on case law
- Federal Ministry of Justice - forms and guidance
