Evaluate Cosmetic Repair Clause – Tenants in Germany

As a tenant in Germany you often encounter cosmetic repair clauses in the lease and handover protocol. This article explains in plain language how to identify an unfair or invalid clause, which evidence (photos, protocols, witnesses) matters and when statutory rules from the BGB become relevant^[1]. I outline practical steps to document defects, observe deadlines and, if necessary, raise a dispute at the local court. The goal is that you, as a tenant, understand your rights, can carry out formal steps confidently and contact the right authorities or courts without needing legal expertise.

What to check

First verify whether the clause is clearly worded and whether the handover protocol contains specific condition descriptions. Watch for contradictory obligations and clauses that impose unreasonable durations or flat-rate duties on the tenant.

Specific check and documentation points

• repair: Check heating and sanitary installations for defects and record them in writing.
• record: Review the handover protocol for concrete descriptions, signatures and date.
• form: Note any agreements between landlord and tenant in writing in the protocol.
• deadline: Observe deadlines for defect notifications and report them in writing if necessary.

If the clause obliges by blanket terms or rigid intervals, it is often invalid. The Federal Court of Justice has issued several rulings limiting such clauses^[2].

How to contest an invalid clause practically

Proceed step by step: document, set a deadline, file a formal objection and, if necessary, consider action at the local court. The local court (Amtsgericht) is usually the first instance for tenancy disputes^[3].

1. form: Send a defect notice to the landlord within a short time and request a response.
2. record: Attach photos, the protocol and witness names.
3. call: Seek initial legal advice or assistance from a tenant association.
4. court: If a settlement fails, consider filing a suit at the local court.

Relevant forms

There is no single nationwide "cosmetic repair form", but the following official sources and templates are relevant for tenants:

• form: Check and cite the statutory provisions on tenancy (§§ 535–580a BGB) (source in the footnotes).
• form: Templates for defect notices or objections may be available from local courts or justice portals; use official templates where provided.

FAQ

Can a cosmetic repair clause be generally invalid?

Yes. Blanket or rigid interval clauses can be invalid according to BGH case law; check every wording carefully and document the condition.

What if the landlord demands payments on moving out?

Request a detailed statement, compare it with your handover protocol and file an objection with evidence; the local court can decide if disagreement persists.

Which deadlines must I observe?

Report defects promptly. Time limits for lawsuits follow the civil procedure rules (ZPO); consult the competent local court or legal advice center.

How-To

1. record: Photograph all relevant rooms and attach the handover protocol.
2. form: Send a written defect notice to the landlord and document dispatch method and date.
3. call: Obtain initial legal advice, e.g. from a tenant association or legal information service.
4. court: File suit at the local court if necessary and submit your evidence.

Key Takeaways

• Document: Photographs and a signed handover protocol are key evidence.
• Form: Written defect notices create proof and trigger deadlines.

Help and Support / Resources

• [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB) §§ 535 ff.
• [2] Bundesgerichtshof – Decisions and press releases
• [3] State justice portals / information on local courts

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB) §§ 535 ff.
2. [2] Bundesgerichtshof – Decisions and press releases
3. [3] State justice portals / information on local courts