Document Cosmetic Repairs for Tenants in Germany

As a tenant in Germany you often face the question of which cosmetic repairs you must carry out yourself and how to protect yourself against unjustified claims. This text explains step by step how to check a cosmetic repair clause in your rental agreement, which rights and obligations the German Civil Code provides, and how to systematically collect and date photo evidence. I show practical documentation methods, which photos and protocols courts and local courts generally accept, and how to prove defects, deadlines and communication with the landlord. The goal is that you are prepared, meet deadlines and can present convincing evidence in case of dispute.

What should be included in the documentation?

Careful documentation helps to defend or assert claims. Important elements are clear photos, timestamps, written notifications and receipts for incurred costs.

• Photos with date, detailed shots of damage and a scale (e.g. a ruler) in the image.
• Written correspondence with the landlord: defect notification by e-mail or letter and acknowledgements of receipt.
• Record the date and time of all reports and any deadlines.
• Keep receipts for repairs or quotes from tradespeople.

How do I check a cosmetic repair clause?

Read your clause carefully and compare it with the provisions of tenancy law; many questions about obligations and wording can be clarified using the statutory rules. [1]

• Is the clause specific or only generally worded? Specific deadlines are decisive.
• Invalid formulations may be ineffective; the Federal Court of Justice has many rulings on this topic.

FAQ

Who bears the cost of cosmetic repairs?

Basically the landlord, unless the repair has been validly transferred to the tenant in the lease; check the clause and the evidence. [1]

Can I use photos as evidence in court?

Yes, photo and protocol documentation are accepted by local courts if date and circumstances are clearly traceable. [3]

Which court do I contact in case of dispute?

Tenancy disputes are usually heard by the competent local court; there are appellate instances up to the Federal Court of Justice. [2]

How-To

1. Create a chronological list of all defects and events with dates.
2. Take at least three photos per defect: overall shot, close-up, measurement example.
3. Send a written defect notice to the landlord and request a deadline for remediation.
4. Document telephone calls with date and content, preferably with a confirmation email.
5. Obtain cost estimates and keep invoices safe.
6. If necessary, inform the local court and submit the evidence.

Help and Support / Resources

• German Civil Code (BGB) §§535–580a: Rent and obligations
• Information on court jurisdiction and local courts
• Federal Court of Justice: decisions in tenancy law

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1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Jurisdiction of local courts for tenancy law — Bundesjustizportal
3. [3] Important Federal Court of Justice decisions on tenancy law — Bundesgerichtshof