Assess Cosmetic Repairs at Move-Out - Tenants Germany

As a tenant in Germany, the question often arises when moving out: Do I have to return the apartment "cosmetically repaired" or is the clause invalid? This practical overview explains how to assess a cosmetic repair clause, which obligation points are typically permissible and when renovation claims may be unjustified. You will learn how to collect evidence, which deadlines and formal steps to observe, and how to proceed with disputed claims. The language remains simple and practical so that you can understand your rights as a tenant and act sensibly. Note: For concrete disputes, courts such as the local court are responsible; use these notes to prepare your next steps.^[2]

What the clause means

A cosmetic repair clause usually regulates which renovation work the tenant must carry out when moving out. In principle, the rental contract rules apply together with the general obligations under the BGB, in particular the provisions on tenant and landlord obligations.^[1] Not every wording is legally effective: Provisions that completely shift maintenance to the tenant or set rigid, uneconomic deadlines are inadmissible.

Checks before moving out

Proceed step by step so that claims become comprehensible and you have evidence:

• Read the rental agreement and note the exact clause type.
• Take photos of all rooms and prepare a handover protocol.
• Check deadlines: When was the last renovation and which deadlines does the contract name?
• Weigh up small repairs versus craftsmen costs and obtain cost estimates.
• Respond in writing: raise objections or document defects.
• If claims remain unclear, consider whether court clarification is necessary.

Typical disputes

Disputes often arise over color choice, wallpaper, flooring and wear and tear that is considered age-related. Blanket claims without concrete evidence are rarely enforceable. In many cases it depends on the wording of the clause and the actual wear and tear.

FAQ

1. Do I have to return the apartment renovated?

That depends on the effective clause and the condition of the apartment; normal wear from use usually does not count as renovation need.

2. When are cosmetic repair clauses invalid?

Invalid are, for example, contractual shifts of the entire maintenance to the tenant, rigid deadlines without regard to the actual condition, or unclear wording.

3. What can I do if the landlord demands costs?

Document condition and costs, object in writing and consider local court clarification or professional advice if necessary.

How-To

1. First read the rental agreement and identify the exact clause.
2. Take comprehensive photos and record damages in writing.
3. Set deadlines: ask the landlord in writing to clarify within a reasonable time.
4. Obtain cost estimates and compare DIY minor repairs with the claimed costs.
5. If no agreement is reached, prepare documents for legal action or seek professional help.

Help and Support / Resources

• Gesetze im Internet: BGB, tenant and landlord obligations
• Court information: local courts and jurisdiction
• Federal Court of Justice: decisions and resources

1. [1] Bürgerliches Gesetzbuch (BGB), §§ 535–580a
2. [2] Information about courts and local courts
3. [3] Federal Court of Justice (BGH) - decisions