Cosmetic Repairs Clause 2025: Tenants in Germany
As a tenant in Germany, a cosmetic repairs clause in the rental contract can cause questions and uncertainty. This text clearly explains how to review in 2025 whether such a clause is effective, which evidence and photos you should collect and when deadlines apply. I explain the landlord's duties under the German Civil Code and which steps you as a tenant can take — from a formal defect notice to possible clarification before the local court. You will receive concrete action steps, guidance on official forms and examples of how to structure evidence so your rights are protected. Below you will also find an FAQ, a step-by-step guide and links to official authorities.
What is a cosmetic repairs clause?
Cosmetic repairs clauses specify in the rental contract which renovation works the tenant must carry out during the tenancy or upon moving out. In many cases, jurisprudence checks whether such clauses unfairly disadvantage the tenant. The exact wording in the contract and the limits set by the German Civil Code are decisive[1]. Case law of the Federal Court of Justice affects which clauses may be ineffective[2].
Typical clauses
- Renovation on move-out (move-out): obligation to renovate or paint when leaving.
- Regular intervals (deadline): timeframes such as "every four years" for certain rooms.
- Color or material specifications: restrictions that may limit the tenant.
How to document defects and evidence
- Photos with dates and short descriptions of affected areas.
- Invoices and receipts for repairs or replacement purchases.
- Move-in and move-out handover records, written and signed.
Forms and official steps
For formal letters you can use sample forms from the Federal Ministry of Justice, for example for a written defect notice or a termination letter[3]. Example: write a short dated defect notice to the landlord with a description, attach photos and set a deadline for remedy (e.g. 14 days). State clearly which evidence you have and what repair you expect.
How-To
- Review the contract: read the clause carefully and note wording and deadlines.
- Collect evidence: organize photos, invoices and handover records.
- Notify defects: send a written defect notice to the landlord and set a deadline.
- If disputed: raise the issue with the competent local court (court) if the landlord does not respond.
Frequently Asked Questions
- What does effective or ineffective mean for a clause?
- A clause is ineffective if it unfairly disadvantages the tenant or violates legal requirements; the court decides in doubt.
- Must I renovate immediately if the rental contract requires it?
- Not automatically; check deadlines and wording and document the apartment condition. If unsure, send a defect notice.
- Where can I go if the landlord does not respond?
- Contact the competent local court for tenancy disputes or use official advisory services of the judiciary and the Federal Ministry of Justice.
