Tenant Rights in Germany: Cosmetic Repairs Explained

As a tenant in Germany, you should know which cosmetic repairs count as normal wear and how they should be listed in the handover protocol. This guide explains in plain language what to watch for in wording, deadlines and agreements, how to document defects and which rights you have when clauses or demands are unclear. We reference relevant statutes, where courts decide, and give practical steps to strengthen your position when moving out or negotiating repair agreements.^[1]

What are cosmetic repairs?

Cosmetic repairs include routine tasks like painting, wallpapering or closing small drill holes. They serve the appearance, not the structural integrity. Whether you are obliged to perform them depends on your rental contract and the legal situation under the BGB.^[1]

Cosmetic repairs in the handover protocol

The handover protocol should describe wear clearly: location, extent and condition. General phrases like "according to contract" are of little use. Phrases such as "minor signs of use" are more specific, but always note details and add photos or inventory records.

What tenants should pay special attention to

• Describe repair needs concretely, for example "Hall wall: flaking paint, area 0.5 m²".
• Attach photos and dates to each entry and keep copies.
• Note whether repairs were promised by the landlord or agreed in writing.
• Record deadlines or appointments for work if agreed.

If the rental contract contains renovation obligations, check whether these clauses are valid. Courts have decided many cases; impractical or extensive deadlines are often invalid. If needed, the responsible local court (Amtsgericht) handles tenancy disputes.^[2]

Wording examples in the protocol

• "Kitchen: signs of use on cupboard edges; no acute defects."
• "Living room: several small drill holes, max. 8 holes, not filled."
• "Landlord will have bathroom and hallway painted by DD.MM.YYYY."

Such specific entries help limit later claims. If a blanket wording appears, request details and additions.

FAQ

Who pays for cosmetic repairs when moving out?

That depends on your rental contract and the validity of clauses; blanket obligations are not always binding and are reviewed by courts.

Can the landlord require renovations in the protocol?

They can assert claims, but only valid contractual agreements or statutory obligations are enforceable.

What to do with unclear wording?

Document the condition, request additions to the protocol and seek legal advice before agreeing.

How‑to

1. At handover: read the protocol fully and ask for precise descriptions of unclear points.
2. Record all defects with a photo, date and a short note on possible cause.
3. Request written promises from the landlord for necessary repairs and add them to the protocol.
4. Note deadlines for completion and keep proof of appointments.
5. If necessary, request written confirmation by e‑mail or letter and keep copies.
6. If a dispute arises: consult legal advice or tenant counseling and consider court action at the local court.^[2]

Help and Support / Resources

• Gesetze im Internet – BGB § 535 ff.
• Bundesgerichtshof – Case law on tenancy
• Justizportal – Local courts and procedures

1. [1] Gesetze im Internet – BGB § 535 ff.
2. [2] Justizportal – Court jurisdictions
3. [3] Bundesgerichtshof – Decisions