Tenant Check: Cosmetic Repairs Clause in Germany

Many tenants in Germany face the question which cosmetic repairs in the lease are permissible and which duties remain with the landlord. This checklist helps you evaluate clauses practically: you will learn how to understand wording, check deadlines and claims, and what rights apply when clauses are unclear or invalid. I explain which evidence steps are important, how to use template letters and which authorities or courts you can contact. The aim is that you can decide confidently when you must renovate, which costs are allowable and how to avoid or assert disputes. The language remains simple so that non-lawyers can identify and enforce their rights as tenants in Germany.

What to check?

As a tenant in Germany you should check exactly which obligations the lease actually assigns to you. Pay attention to clear wording about scope, deadlines and renovation areas; unclear or standardised blanket clauses can be invalid.

• Read the exact wording of the clause and check its limits
• Identify deadlines, dates and time periods
• Check which rooms are affected (living rooms, kitchen, bathroom)
• Compare with statutory landlord duties (§§ 535–580a BGB)

Legal foundations

Tenancy law in the German Civil Code (BGB) regulates landlord and tenant obligations; relevant provisions are available online. BGB online^[1] Important decisions of the Federal Court of Justice (BGH) explain when cosmetic repair clauses are invalid. BGH^[2]

Templates and administrative steps

There is no single nationwide mandatory form for objections, but the Federal Ministry of Justice provides service information and templates. BMJ^[3] Use template letters to set deadlines or report defects; state the date, specific defects and set a deadline of at least 14 days.

FAQ

Are cosmetic repair clauses valid at all?

Many standard clauses are only valid to a limited extent according to case law; blanket deadlines and rigid color requirements often contradict jurisprudence.

Who pays for renovation at move-out?

It depends on the validity of the clause and whether the tenant explicitly assumed the obligation; landlords often cannot enforce blanket charges.

What to do with an unclear clause in the lease?

Document, ask in writing and, if necessary, seek legal advice or involve the local court (Amtsgericht).

How-To

1. Read the clause in full and mark unclear wording.
2. Take photos and keep a defect log with dates.
3. Send a formal letter to the landlord and set a deadline (e.g. 14 days).
4. If necessary: prepare a claim at the local court or seek legal help.

Key takeaways

• Read clauses carefully and look for blanket provisions.
• Documentation is crucial in disputes with the landlord.
• Seek legal help if deadlines or demands are unclear.

Help and Support / Resources

• Gesetze im Internet: BGB §§ 535–580a
• Federal Ministry of Justice
• Federal Court of Justice (BGH)

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1. [1] Gesetze im Internet: BGB §§ 535–580a
2. [2] Bundesgerichtshof (BGH)
3. [3] Bundesministerium der Justiz (Service information)