Cosmetic Repair Clauses: Tenant Rights in Germany

As a tenant in Germany, it is important to know which cosmetic repairs are permitted in the rental agreement and how to challenge excessive clauses. Many contracts include blanket or rigid renovation requirements that may be legally invalid. This text explains in plain language what to watch for: how to check deadlines, collect evidence, find official legal bases and which forms or courts are relevant. You will receive practical action steps, example wordings and notes on deadlines and costs so you can enforce your rights without unnecessary disputes. The aim is to show you simple, legally sound options and to clearly present possible next steps. If necessary, this guide shows how to initiate proceedings at the local court or use a sample wording.

What is a cosmetic repair clause?

A cosmetic repair clause often requires the tenant to paint walls or renew floors when moving out. Under German tenancy law, rigid or blanket obligations are not always valid; the statutory basis for duty and use obligations can be found in the BGB.^[1]

What tenants can do

• Check deadlines and note dates so no exclusion periods are missed.^[2]
• Take photos and document the apartment and any defects with dates.
• Prepare forms and letters; use official sample letters and guidance on deadlines.^[4]
• Contact free legal advice or mediation centers if unsure.
• If necessary: initiate proceedings at the local court; many tenancy disputes are heard there.^[2]

First check whether the clause is clearly worded: phrases like "with regard to wear and tear" are often less problematic than fixed deadlines for every tenant turnover. Important BGH decisions have influenced the interpretation of such clauses in the past.^[3]

FAQ

Can the landlord set blanket renovation deadlines in the rental agreement?

No. Rigid deadlines are often invalid; check the exact wording and case law.

Which deadlines must I, as a tenant, observe?

Pay attention to contractually stated deadlines and general limitation periods; document the date of every communication.

When should I involve the local court?

If negotiations and formal letters do not help, a claim at the local court may be the next step.

How-To

1. Check your rental agreement and mark all renovation clauses.
2. Create complete documentation: photos, dates, handover protocol.
3. Draft a letter to the landlord with a deadline and justification.
4. Contact free advice centers or tenant legal aid.
5. If necessary, file a claim at the local court; prepare your evidence and forms.^[2]

Key Takeaways

• Keep all receipts, photos and correspondence in a safe place.
• Respond promptly to deadlines to avoid losing rights.

Help and Support / Resources

• Gesetze im Internet – BGB (official text)
• Gesetze im Internet – ZPO (procedural rules)
• Federal Court of Justice – decisions and press

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH) – Decisions
4. [4] Formulare-Bund – Official forms and templates