Tenants: Identify Cosmetic Repairs in Germany

As a tenant in Germany, it is important to accurately identify cosmetic repairs in the handover protocol. Many disputes arise when landlords do not clearly separate wear and tear from actual damage or make flat-rate claims. This text explains in plain language what to watch for during move-in and move-out: common phrases in the protocol, the difference between normal wear and repairable defects, and how to use photos, witnesses and written communication as evidence. I also explain which deadlines apply and which official authorities you can contact in case of dispute. At the end you will find practical steps, FAQs and official links.

What are cosmetic repairs?

Cosmetic repairs are usually surface works such as painting, wallpapering or floor care that serve aesthetic maintenance. Legally, the obligation for cosmetic repairs depends on the lease agreement and applicable law; statutory bases for tenancy are found in the BGB §§ 535–580a ^[1].

Recognising cosmetic repairs in the handover protocol

In the apartment handover protocol, wording and concrete notes should help distinguish between normal wear and tear and repairable damage. Pay attention to precise descriptions, dates and signatures.

• Check descriptions: terms like "freshly painted" or "new" mean something different than "minor wear".
• Date and time: Note when defects were recorded, this affects deadlines and responsibilities.
• Include photos and dating: image evidence with dates is important as proof.
• Distinguish wear from damage: color fading from use is different from burn holes or moisture damage.
• Check signatures and completeness: missing the landlord's signature makes the protocol less binding.

What can you do as a tenant?

If you find uncertainties in the protocol, document everything carefully, inform the landlord in writing and keep an eye on deadlines. For formal steps use official templates or contact the responsible authorities.

• Document: Create a clear list with dates and proof photos.
• Written communication: Send defect notifications by registered mail or email with read receipt.
• Observe deadlines: Respond within set or customary time frames.
• Seek advice: Use official information or local counseling services if in doubt.

FAQ

Do I have to pay all cosmetic repairs as a tenant?

Not automatically. Whether payments are permissible depends on the lease and case law; many rigid or transfer clauses are invalid. Check your contract and relevant legal texts.^[1]

What should be included in the handover protocol?

All visible defects, signs of wear, dates and signatures should be documented. Add photos and witness names if available.

Who should I contact if there is a dispute?

For tenancy disputes the local court (Amtsgericht) is competent in the first instance; for legal questions or precedents the regional court or Federal Court of Justice may be relevant.^[3]

How-To

1. Complete the protocol: Record condition, date and participants.
2. Take and secure photos: Photograph all relevant areas with date stamps.
3. Inform the landlord in writing: Send a defect notification and request a response if necessary.
4. Monitor deadlines: Wait for a reply and observe statutory or contractual deadlines.
5. Consider legal action: Resolve escalation at the local court or check advisory options.^[3]

Help and Support / Resources

• BGB §§ 535–580a
• Federal Ministry of Justice (BMJ) - Forms & Info
• Federal Court of Justice (BGH) - Decisions

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1. [1] German Civil Code (BGB) §§ 535–580a
2. [2] Federal Ministry of Justice - Forms and Templates
3. [3] Federal Court of Justice - Selected Decisions