Tenants: Assessing Color-Choice Clauses in Germany

Many tenants in Germany wonder how binding color-choice clauses in the lease are and how they should be recorded in the handover report. This text explains in clear language what color-choice clauses mean, which obligations arise from them and how you as a tenant can protect your interests. You will receive concrete wording suggestions for the handover report, tips on deadlines and evidence, and practical steps that can help in disputes with the landlord. The guide names official laws and forms and shows when court involvement is sensible so that you can make informed decisions.

What is a color-choice clause?

A color-choice clause specifies in the lease which wall colors are acceptable at move-out or which colors the tenant may choose when redecorating. Such clauses often appear in provisions on cosmetic repairs and can affect return obligations at move-out. It is crucial whether the clause is clearly worded and whether it unfairly disadvantages the tenant.

Documenting color-choice clauses in the handover report

The handover report is your most important piece of evidence at move-out. Explicitly note the condition of the walls and any agreed color-choice clause there. Photograph all rooms and attach the photos to the documentation. Describe whether walls are freshly painted, papered or worn, and record agreements with the landlord in writing.

• Take photos of every wall and note the date.
• Record written promises from the landlord in the report.
• Describe damages factually, do not evaluate them.
• Mention deadlines for renovations or repairs in the report.

Legal significance and obligations

Obligations for cosmetic repairs and related color-choice clauses derive from the lease and the general provisions of the BGB. The basic landlord duties and tenant rights are found in the provisions on tenancy (§§ 535–580a BGB).^[1] Court proceedings to enforce claims follow the rules of the Code of Civil Procedure (ZPO).^[2] In rental disputes, the local court (Amtsgericht) is generally responsible; there, rent reductions, terminations and eviction suits are among the matters handled.^[3]

Practical example: Wording in the report

Concrete and comprehensible wording helps avoid later disputes. Examples you can use in the handover report:

• "Living room wall color: light beige (manufacturer/code, if known). No damage visible."
• "Kitchen: slight signs of use on the wall left of the stove; photo 03 shows area."
• "Agreed: Tenant may use color X for repainting; landlord approves in writing."

If a dispute arises

If landlord and tenant disagree, collect all evidence: lease, reports, photos, emails. Before filing a lawsuit, seek discussion and send a formal defect notice or demand with a deadline. If no agreement is reached, the local court can clarify whether a clause is valid or whether claims for damages exist. Rules of the ZPO apply to terminations or eviction suits.^[2]

FAQ

Who decides whether a color-choice clause is valid?

A court can decide in a dispute; courts examine whether the clause unfairly disadvantages the tenant and whether it is clearly worded.

Do I always have to repaint at move-out if a clause requires it?

Only if the clause is effective and the condition justifies it; normal wear-and-tear often does not require repairs.

Which documents help me against landlord claims?

Handover report, photos, email correspondence and receipts for carried-out renovations are decisive.

How-To

1. Take photos of all rooms and sort them into a folder.
2. Create the handover report with concrete color and condition details and have it signed.
3. If there is disagreement, send a written defect notice with a deadline to the landlord.
4. If necessary, consider legal steps at the local court and prepare documents.

Help and Support / Resources

• [1] Forms & model letters — Federal Ministry of Justice and Consumer Protection (BMJ)
• [2] Laws on the Internet — Federal Ministry of Justice
• [3] Courts and jurisdiction information — justiz.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Local courts (Amtsgericht) — justiz.de