Evaluate Cosmetic Repairs – Tenants Germany

As a tenant in Germany you should know how a cosmetic repair clause affects you when moving out. Many rental contracts contain wording that regulates the obligation to renovate or repaint, but since BGH rulings many clauses are ineffective or restricted. This guide explains in practical terms what to watch for in 2025 at move-out: deadlines, documentation, how to check the clause for validity and which template letters you can use. I show five clear steps to assess landlord demands, secure evidence and, if necessary, take legal action — including notes on applications for legal aid and the competent courts in Germany. Read the checklist below and use the template letters as a starting point.

What is a cosmetic repair clause?

A cosmetic repair clause in the lease often requires the tenant to carry out painting or renovation when moving out. The legal basis is the general provisions of tenancy law in the German Civil Code (BGB), and the case law of the Federal Court of Justice has specified the legal situation.^[1][2]

5 steps to evaluate at move-out 2025

1. Note and check deadlines and timeframes in the lease to see if the clause prescribes timing obligations.
2. Research case law and the relevant BGB rules to determine whether the clause (e.g. rigid renovation schedules) may be invalid.
3. Document the condition in writing: take photos, keep an inventory record and collect receipts.
4. Send a template letter to the landlord: set a deadline, attach damage description and request clarification.
5. In case of dispute, check whether legal advice, legal aid, or court proceedings at the local court are appropriate.

Sample letter — short structure

A short template letter includes: 1) reference to the lease and the specific clause, 2) description of the apartment condition with photo references, 3) a deadline for response (e.g. 14 days) and 4) a note that you will consider legal steps if no clarification is provided.

Practical tips for securing evidence

Photograph rooms from multiple angles and date the images, note wear spots and compare with the move-in protocol. Keep contractor invoices and receipts in case repairs are actually necessary.

Checklist before moving out

• Organize all photos and documents chronologically and make copies.
• Mark contractual wordings and highlight unclear clauses.
• Contact legal advice or a tenant association if in doubt.

Frequently Asked Questions

Am I automatically obliged to repaint when moving out?

No, it depends on the exact wording of the clause and current case law; blanket obligations are often invalid.^[1]

What helps if the landlord immediately demands renovations?

Document the condition, request a detailed list of defects and set a reasonable deadline for response.

Can I apply for legal aid (Prozesskostenhilfe)?

Yes, legal aid is possible if you are financially eligible; you can find information and forms at your state's justice office.^[3]

How-To

1. First read the lease and clause carefully and note any deadlines.
2. Take comprehensive photos and create a move-out protocol.
3. Draft a brief template letter with a deadline for response and send it documented.
4. Seek legal advice if unsure or check membership in a tenant association.
5. For ongoing disputes consider filing at the local court or applying for legal aid.

Help and Support / Resources

• Justice Portal: information on courts and procedures
• Laws online: legal texts (BGB, ZPO)
• Federal Court of Justice: decisions and press releases

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1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a - gesetze-im-internet.de
2. [2] Bundesgerichtshof Entscheidungen - bundesgerichtshof.de
3. [3] Legal aid information (Prozesskostenhilfe) - justiz.de