Cosmetic Repairs: Avoid Mistakes for Tenants in Germany

When moving out, cosmetic repairs often cause disputes between tenant and landlord. Many tenants in Germany do not know exactly which small tasks they must pay for themselves, which works the landlord should cover, and how important receipts and photos are. This article explains in plain language the most common mistakes, from incomplete documentation to premature DIY repairs, and shows practical steps to protect your rights under tenancy law. You will receive guidance on which deadlines to observe, which official forms may be relevant and how to collect receipts systematically. The goal is to avoid costly claims and to clarify the handover of the apartment fairly. Read on for concrete sample letters and checklists.

What are cosmetic repairs?

Cosmetic repairs are usually minor maintenance tasks such as filling nail holes, painting or varnishing. Whether and to what extent you as a tenant are obliged to perform or pay for them depends on the lease and the statutory rules^[1].

Common mistakes when moving out

• Incomplete documentation of damages and works.
• Premature DIY repairs without a cost estimate or agreement with the landlord.
• Missing deadlines for defect notification or apartment handover.
• Unclear accounting of costs charged against the security deposit.

Collecting receipts and photos correctly

Proper receipts are often decisive when it comes to claims. Collect everything systematically and in a standard format.

• Save photos with date and short label (location, damage).
• Archive correspondence with the landlord by e‑mail and registered mail.
• Keep cost estimates and invoices in chronological order.

Forms and jurisdiction

For serious disputes, such as eviction lawsuits or contested claims, the local court (Amtsgericht) is usually responsible; higher instances are the regional court (Landgericht) and ultimately the Federal Court of Justice. Procedural matters are governed by the Code of Civil Procedure^[2], and precedent is available from the Federal Court of Justice^[3].

FAQ

1) Do I as a tenant have to carry out cosmetic repairs?

That depends on the wording of your lease and the effectiveness of renovation clauses; not every clause is legally enforceable.

2) Which receipts help me in a dispute with the landlord?

Photos, date stamps, e‑mails, registered mail, cost estimates and invoices are decisive and should be ordered chronologically.

3) When can the landlord withhold the security deposit entirely or partially?

The landlord can offset legitimate claims for damages or outstanding payments against the deposit, but must be able to justify and document them.

How-To

1. Document damages immediately with photos and notes.
2. Notify the landlord in writing and request a cost estimate if necessary.
3. Observe deadlines for defect notification and apartment handover.
4. If claims are unjustified: contact the local court or seek legal advice.

Key takeaways

• Documentation matters more than quick repairs.
• Respond to correspondence promptly to avoid losing rights.

Help and Support / Resources

• German Civil Code (BGB) – Gesetze im Internet
• Code of Civil Procedure (ZPO) – Procedural rules
• Federal Court of Justice (BGH) – Official website

1. [1] Bürgerliches Gesetzbuch (BGB), § 535 – Duties of the landlord
2. [2] Zivilprozessordnung (ZPO) – Procedural rules
3. [3] Bundesgerichtshof (BGH) – Official website