Tenants: Recognising Cosmetic Repairs in Germany

As a tenant in Germany, you often face questions about cosmetic repairs: which works count, which obligations a landlord can record in a handover report, and when you must bear the costs? This guide explains in plain language how to check entries in the report, which formulations are legally valid, and how to respond to the landlord. I describe practical steps for documenting defects, tips for asserting your rights, and when a local court may be involved. I name relevant laws like the BGB, show forms and deadlines, and explain how to secure evidence in disputes.

What counts as a cosmetic repair?

Cosmetic repairs are generally small works such as painting, wallpapering or treating drill holes that affect the apartment's appearance. Whether a clause in the lease or a note in the handover report binds you depends on the wording and reasonableness. The legal basis for tenancy and the duties of landlords and tenants can be found in the BGB.^[1]

What to watch for in the handover report?

At the handover you should carefully check which entries the landlord suggests and which formulations appear. Pay special attention to blanket or vague formulations that could obligate you to extensive renovations.

• Mark visible defects such as flaking paint or damp spots.
• Document minor damages with photos and short notes.
• Record the handover date and the names of all attendees.
• Refuse to sign blanket acknowledgements of liability.

Phrases like "cosmetic repairs by the tenant upon departure" are not automatically effective; courts review whether they unreasonably disadvantage the tenant. If in doubt, advice or recourse to the local court can help to formally assess your rights.^[2]

Typical formulations and validity

There are clauses that are invalid due to shifting indefinite duties. Examples include rigid time rules that apply regardless of condition or agreements that impose full renovation duties on tenants with very short deadlines. Check whether the clause is concrete, time-limited and proportionate.

How-To

1. Read the lease and mark all clauses concerning cosmetic repairs.
2. Create a handover report with photos and dates before signing anything.
3. Collect written communication with the landlord and keep emails.
4. If necessary, consult the local court or a consumer advice center to have the validity of clauses reviewed.

FAQ

Who pays for cosmetic repairs?

In general: only effective contractual or legal obligations give rise to cost bearing. Blanket or vague clauses may be invalid.

Can landlords demand renovations in the report?

Entries in the handover report are indicators but do not replace a legally effective contract clause; the exact wording determines validity.

When should I seek legal help?

Seek help for unclear demands before signing or accepting costs, especially if deadlines are short.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Bundesgerichtshof (BGH) – case law and information
• Federal Ministry of Justice – forms and guidance

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Bundesgerichtshof (BGH) – Urteile und Informationen
3. [3] Bundesministerium der Justiz – Formulare und Hinweise