Tenant Rights Germany: Cosmetic Repairs 2025

As a tenant in Germany you often face questions about cosmetic repairs, obligations in the rental agreement and possible costs when moving out. This guide explains in simple language when landlords may legitimately claim costs, which contract clauses are often invalid and how to react step by step. We show how to check deadlines and formulations, collect evidence and which official forms are relevant for legal aid or court proceedings. Readers receive concrete actions, sample steps and guidance on competent courts so you can enforce your tenant rights in Germany more confidently.

What are cosmetic repairs?

Cosmetic repairs typically include painting walls, varnishing radiators or wallpapering. In principle, tenancy law regulates the landlord's maintenance obligations; for additional information see the German Civil Code (BGB) regarding landlord maintenance duties ^[1].

Identifying invalid clauses

• Blanket obligation without concrete deadlines (deadline) – often lacks precise rules.
• Obligation to renovate on moving out regardless of actual condition (repair) – this can be invalid.
• Transferable form obligations or rigid color mandates without case-by-case review (form) are often too general.
• Automatic cost allocation without proof (evidence) – landlords must provide concrete evidence of damage.

Practical steps to contest claims

If the landlord demands costs for cosmetic repairs, respond in writing and calmly: request a detailed breakdown of the claim, demand receipts and formally object by letter or email. Collect photos, the move-in protocol and all receipts to document the condition at move-out. If an eviction lawsuit is imminent, observe the procedural deadlines of the German Code of Civil Procedure and prepare a timely objection or statement ^[2].

Sample forms and important documents

Important forms for tenants include the Application for legal aid (Prozesskostenhilfe, PKH). PKH can help when you need to defend yourself legally but cannot bear the costs; practical example: if you face an eviction suit, apply for PKH at the competent local court to cover attorney and court fees. Current forms are available on state justice portals or ministry pages (example sources in the help section below).

When it comes to court disputes, decisions of the Federal Court of Justice (BGH) frequently address the validity of renovation clauses; this case law can strengthen your arguments ^[3].

FAQ

Who pays for cosmetic repairs?

Generally the landlord pays for maintenance; contractual deviations are valid only if they comply with statutory requirements.

Is a clause that demands blanket renovation automatically valid?

No. Blanket, rigid clauses without concrete deadlines or condition assessments are often invalid.

How much does an objection or lawsuit cost for tenants?

It depends on the procedure; if you have low income you can apply for legal aid (PKH) to cover costs.

How-To

1. Check the rental agreement and mark specific clauses (record).
2. Send a formal reply to the landlord and request proof (form).
3. Gather evidence: photos, move-in protocol, invoices (evidence).
4. Observe deadlines and submit responses or objections on time (deadline).
5. Consider legal action; check eligibility for legal aid (PKH) if costs are a barrier (court).

Help and Support

• Gesetze im Internet – BGB and ZPO (official texts)
• Application for legal aid (PKH) – Justiz NRW (forms)
• Federal Court of Justice – BGH decisions

1. [1] BGB §535 – Duties of the landlord (gesetze-im-internet.de)
2. [2] ZPO – Code of Civil Procedure (gesetze-im-internet.de)
3. [3] Federal Court of Justice – BGH decisions (bundesgerichtshof.de)