Tenants: Assess Cosmetic Repairs in Germany

As a tenant in Germany, you should carefully check cosmetic repair clauses in the rental agreement and especially entries in the handover protocol. Many clauses are unclearly formulated or only valid to a limited extent; this affects your duties when moving out and potential costs. This guide explains in plain language how to evaluate clauses, what rights you have as a tenant, which documents and photos you should collect, and when it is worthwhile to file a written objection or seek legal help. Practical examples show how to fend off unjustified claims and which deadlines apply to defects and subsequent claims. This way you can avoid unnecessary costs and strengthen your position vis-à-vis the landlord.

Check cosmetic repairs in the handover protocol

First check which formulations are in the rental agreement and the handover protocol: are concrete works and deadlines named or only vague formulations? Unclear or overbearing clauses are often invalid under case law and do not necessarily have to be fully fulfilled^[1]. Document all defects and the condition on moving in with date and photos.

What to watch for in the protocol

• Check written formulations (form): precise descriptions vs. blanket clauses.
• Collect photos and documents (evidence): secure condition on move-in and defects with dates.
• Note deadlines (days): when were defects reported and how long has the defect existed?
• Clarify repair obligations (repair): which maintenances are landlord responsibility, which are minor repairs?
• Watch for form-like agreements (form): are clauses individually agreed or pre-formulated?
• Secure contact methods (call): prefer written communication by email/letter, record phone calls.

Legal bases for tenancy law can be found in the BGB; many regulations on landlord and tenant duties are listed there^[1]. For important disputes, it is worth consulting the relevant case law of the Federal Court of Justice, which clarifies the validity of certain cosmetic repair clauses^[2].

What to do about unclear or excessive claims?

If the landlord asserts claims at move-out based on the handover protocol, proceed in a structured way: request a concrete breakdown, ask for evidence of timing and scope of defects, and compare this with your photos and the move-in protocol. Submit a written objection if claims appear unfounded.

FAQ

Who pays for normal wear and tear?

Normal wear and tear is usually part of using the rental and is not automatically to be compensated by the tenant; exceptions are governed by clear contractual agreements.

Are all cosmetic repair clauses legally valid?

No. Unclear or rigid clauses that unduly disadvantage tenants are sometimes invalid according to case law. Check formulations carefully.

What should be included in the handover protocol?

Date, meter readings, existing damages, possibly number of keys and signatures of both parties; photos are a useful addition.

How-To

1. Create a detailed handover protocol immediately when moving in (evidence): note condition and take photos.
2. Read and mark contract clauses (form): identify formulations on cosmetic repairs.
3. Document unclear obligations (repair): note which works are demanded and why you consider them unjustified.
4. File a written objection (call): set a deadline and request evidence, use email/letter with proof of receipt.
5. Pursue out-of-court resolution in case of dispute (court): consider tenant advice or mediation, possibly file suit at the local court.
6. Observe deadlines (days): watch for confirmations of receipt and legal time limits.

Help and Support

• BGB: Bürgerliches Gesetzbuch (Gesetze im Internet)
• Federal Court of Justice (BGH) - decisions and information
• Federal Ministry of Justice - information and templates

1. [1] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
2. [2] Bundesgerichtshof (BGH) - bundesgerichtshof.de
3. [3] Bundesministerium der Justiz - bmj.de