Tenant Rights: Check Paint Clauses in Germany

As a tenant in Germany you often face the question which obligations apply at move-out — especially when the landlord specifies paint choices for walls. Paint clauses appear in many tenancy agreements, but not all demands are legally enforceable. This guide explains clearly how to check paint clauses, which deadlines and forms matter, and how to contest unfair costs. You will get practical steps for documentation, advice on communicating with the landlord and information on when taking the matter to the local court is sensible. At the end you will find a step-by-step guide, frequently asked questions and official links to laws and forms.

What are paint clauses?

Paint clauses specify which paints a tenant must apply or which colors are permitted. Some clauses name specific shades, others demand "neutral" colors or give the landlord broad discretion. Whether a clause is valid often depends on the exact wording and the reasonableness. The legal basis is found in the tenancy law of the BGB ^[1].

What tenants should check

• Check the clause wording: does it name a concrete palette or only "neutral"? (notice)
• Take photographic documentation before handing over the apartment (record)
• Note deadlines and object within a reasonable time (within)
• Request a cost breakdown and check each item (amount)
• In case of dispute: consider pursuing the matter at the local court (court)

When landlord demands may be invalid

Invalid demands often include vague formulations that give the landlord excessive discretion, or clauses forcing tenants into disproportionate renovations. Blanket obligations to renovate at move-out without time-based limits can also be ineffective. Decisions by the Federal Court of Justice provide guidance on contested wording ^[2].

Gather practical evidence

• Photograph each affected wall with dates and overview shots (record)
• Document correspondence with the landlord via email or registered mail (notice)
• Keep receipts for professional services, e.g. painter invoices (amount)

Authorities and courts

Tenancy disputes are generally heard first by the local court, with appeals to the regional court and, for matters of principle, the Federal Court of Justice. Information on courts and procedures is available from official justice sources ^[2].

Common mistakes when objecting

• Missing deadlines: failing to send an objection or defect notice promptly (within)
• Using imprecise wording instead of a clear description of the defect (notice)
• Failing to secure evidence: missing photos or witness statements (record)

Anleitung

1. Read the paint clause carefully and note unclear terms (notice).
2. Create a photo and documentation record of the apartment condition before move-out (record).
3. Give the landlord a deadline to clarify or provide a cost breakdown (within).
4. Request detailed invoices and check each charge for reasonableness (amount).
5. If necessary: prepare a claim at the local court using the appropriate forms ^[3] (court).

Häufige Fragen

Is every paint clause in the tenancy agreement valid?

No. Clauses with overly vague requirements or disproportionate renovation demands can be invalid.

Do I have to repaint all walls white when moving out?

Only if the tenancy agreement contains a valid and concrete obligation to do so. Blanket demands are often unenforceable.

Which deadline do I have to object?

There is no single uniform deadline, but act promptly and set the landlord a short written deadline for clarification.

Help and Support

• BGB: Legal text and tenancy regulations
• Federal Court of Justice: tenancy decisions
• Justice portal: forms for civil claims and proceedings

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a
2. [2] Bundesgerichtshof – Entscheidungen zum Mietrecht
3. [3] Justiz – Formulare für Klagen und Verfahren