Tenants in Germany: Check Color-Choice Clauses
As a tenant in Germany, you should know which rules on color design in rental agreements are permissible and how to check unclear or excessive color-choice clauses. This text explains clearly when a color-choice clause is legally effective, which rights and duties arise from it, and how to systematically collect, date and secure photo evidence. You will receive practical steps for communication with the landlord, notes on legal bases such as the BGB[1] and tips on which evidentiary photos help for defects or permitted renovation requirements. The guide is aimed at tenants without legal training and shows how to prepare your position vis-à-vis landlords in Germany in a factual and legally secure manner. Practical sample formulations and notes on deadlines are also included.
What is a color-choice clause?
A color-choice clause specifies which colors or finishes tenants may or must choose for renovations. Such clauses are permissible if they are concrete and reasonably worded; blanket or mandatory requirements that unreasonably disadvantage tenants may be invalid. The classification always depends on the rules on cosmetic repairs in the BGB[1] and relevant case law.
How do I check the clause in practice?
Read the contract clause carefully: does it specify a concrete color range, a standard shade or only a general phrase such as "by agreement"? Pay attention to deadlines, schedules and precise obligations. Also check whether the clause relates to cosmetic repairs or to defined renovation dates. At the same time, collect photo evidence of the initial condition of the flat.
- Read the wording exactly: does it state a concrete color range or only "by agreement"?
- Check and document reasonable deadlines.
- Create photo evidence: date, location, detail shots and overall view.
- Name witnesses or prepare written records.
Photos & documentation
Take several shots of the room from different angles, detail photos of the affected surfaces and shots showing scales or reference objects. Save the original files securely and note date and time in a separate overview. Scan or photograph relevant pages of the rental agreement with the color-choice clause so the contractual wording is always available.
- Overall shot of the room from several angles.
- Detail shot of the affected wall with a scale or reference object.
- Photo of the rental agreement excerpt containing the color-choice clause.
- Secure date and time from camera metadata or note it on the photo.
What to do with invalid clauses?
If the clause is unclear or obviously too broad, address the landlord in writing and include photo evidence. Request a clarification or amendment of the clause. If no agreement is reached, tenants can consider legal action; rental disputes are typically heard before the local court (Amtsgericht)[2], with the possibility of appeal to the regional court and, in particular cases, to the Federal Court of Justice.
- Negotiate with the landlord in writing and offer compromises.
- Send a formal defect notice or objection with photo evidence.
- If necessary, consider filing a lawsuit at the local court; inform yourself about procedure and deadlines[3].
FAQ
- Can the landlord prescribe any color?
- No. Blanket or one-sided mandatory requirements that unreasonably disadvantage tenants are often invalid; concrete, reasonable specifications can be permissible. Check the wording and reasonableness.
- Are photos sufficient as evidence?
- Yes. Photos with dates, detail shots and overall views are important evidence. Combine photos with records, witnesses and the original contract to fully document the situation.
- Who decides disputes?
- First instance is usually the local court (Amtsgericht); appeals go to the regional court, and in fundamental questions the Federal Court of Justice (BGH) may decide[2].
How-To
- Review the clause in the rental agreement and note unclear wording.
- Collect photo evidence: overall shots, detail photos, contract excerpt.
- Write a formal letter or email to the landlord with evidence and proposals.
- If no agreement is reached, consider legal steps and contact the local court or an advisory service.
Key takeaways
- Read and document the exact wording of the color-choice clause.
- Secure complete photo evidence with dates.
- Seek dialogue first, legal clarification if necessary.
Help and Support / Resources
- BGB §535 (Landlord obligations)
- Federal Court of Justice (BGH) – Decisions
- Federal Ministry of Justice (BMJ)
