Cosmetic Repairs: Tenant Rights in Germany

As a tenant in Germany, you may wonder whether a cosmetic repair clause in your lease is valid and what obligations it creates. This guide explains in plain language how to review clauses, which formulations are often invalid, and how photo evidence or inventory reports can help to contest claims. You will find a practical checklist with deadlines, template aids for letters to the landlord and notes about competent courts such as the local court (Amtsgericht)^[2] and the relevant provisions in the German Civil Code (BGB).^[1] At the end you will find an FAQ, a how-to for evidence preservation with photos and links to official forms plus templates from the Federal Ministry of Justice.^[3]

Check the clause: what tenants should watch for

Read the entire clause: look for rigid wording like "cosmetic repairs by the tenant" without deadlines, quotas or room assignment. Invalid clauses often impose general obligations without concrete deadlines or equitable cost allocation.

Typical defects in standard clauses

• Check for missing or unclear deadlines (time) for renovations.
• Avoid unclear cost allocation or automatic deductions (rent).
• Flat obligations without room or wear rules (repair) are often invalid.
• Note missing provisions for forms and handover protocols (notice).
• Complete documentation (photo evidence) is decisive when contesting claims.

Compare the clause with case law and statute: tenant obligations are governed by §§ 535–580a BGB.^[1] If in doubt, a written letter to the landlord can clarify matters; use clear deadlines and request evidence for alleged damage.

Checklist: photo evidence and protocols

This step-by-step checklist helps you collect photo evidence and documents so they carry weight in court or correspondence.

• Take photos immediately at move-in and move-out (photo evidence) and name files with dates.
• Create an inventory report within a few days after handover (within days).
• Document written inquiries to the landlord by registered mail or email (form).
• Keep estimates and invoices when disputing repair costs (repair).
• Note deadlines for court action or filing with the local court (court).

If possible, ask witnesses to attend the handover or have a neutral party confirm the condition.

Forms and template letters

Official template letters and guidance from the Federal Ministry of Justice make formal letters to landlords easier; use templates for objections or requests for cost breakdowns.^[3]

Court steps and jurisdiction

If disputes cannot be resolved, the local court (Amtsgericht) is the first instance for tenancy disputes in Germany. The Amtsgericht typically decides on rent reduction, protection from termination and eviction claims; higher instances include the regional courts and the Federal Court of Justice for legal issues.^[2]

FAQ

1. When is a cosmetic repair clause invalid?

A clause is often invalid if it imposes blanket obligations without deadlines, room assignment or fair cost allocation.

2. How do I use photo evidence correctly?

Photo evidence should have the date in the file name, contextual shots and brief descriptions; inventory reports increase evidentiary value.

3. Which court should I contact in case of dispute?

The local court (Amtsgericht) is usually responsible for tenancy disputes; legal questions can be escalated to higher courts.

Anleitung

1. Review the lease in writing for specific formulations (note).
2. Systematically take photos at move-in and move-out (photo evidence).
3. Send a formal request to the landlord with a deadline (form).
4. Collect invoices or estimates in repair disputes (repair).
5. Seek professional advice or local legal counseling if needed (contact).
6. As a last resort, file a claim at the competent local court (court).

Hilfe und Unterstützung / Ressourcen

• §§ 535–580a BGB — Gesetze im Internet
• Bundesgerichtshof (BGH) — Decisions
• Federal Ministry of Justice — Templates and Guidance

1. [1] §§ 535–580a BGB — Gesetze im Internet
2. [2] Bundesgerichtshof (BGH) — Decisions
3. [3] Bundesministerium der Justiz — Templates and Guidance