Cosmetic repairs – Rental law in Germany
A guide for tenants and landlords
The question of who is responsible for cosmetic repairs in a tenancy often causes uncertainty and disputes between tenants and landlords. This guide explains the legal basis and provides helpful tips for a legally secure tenancy.
Introduction: What are cosmetic repairs?
Cosmetic repairs include the removal of decorative defects that arise from the contractual use of the apartment. These typically include:
- renewing wallpaper and/or painting walls and ceilings
- painting radiators, interior doors and window frames on the inside.
By contrast, cosmetic repairs do not include measures such as sanding parquet floors or replacing carpets, which are considered maintenance or repair work.
The legal situation
According to § 535 para. 1 sentence 2 BGB (German Civil Code), it is the landlord’s responsibility to maintain the rented property in a condition that complies with the contract. However, in many rental contracts, the obligation to carry out cosmetic repairs is transferred to the tenants. Strict legal requirements apply here.
Effective and invalid clauses regarding cosmetic repairs
The courts have established clear principles for the validity of cosmetic repair clauses. The following rules must be observed:
1. Condition of the apartment when moving in
An obligation to carry out cosmetic repairs can only be effectively transferred to the tenant if the apartment was handed over renovated at the start of the tenancy. If this is not the case, the tenant does not have to perform cosmetic repairs unless the tenant had been granted appropriate compensation for the unrenovated state of the apartment when moving in.
2. No excessive renovation costs
Tenants may not be obliged to carry out more renovation work than is necessary due to their use of the property. “Rigid” time schedules that apply regardless of the actual need for renovation are invalid. Flexible time schedules that are based on the actual condition of the apartment are, however, permissible.
3. Final renovation obligations
Clauses obliging the tenant to carry out final renovation work are also invalid if there is no actual need for renovation. This applies in particular if the contract contains both ongoing renovation obligations and a final renovation clause.
4. Personal contribution of the tenant
Tenants may carry out renovation work themselves or hire help to do so. The quality of the work does not have to meet high standards; professional work is not required. Clauses requiring professionals to perform the repairs are invalid.
5. Proportionate compensation clauses
Clauses that oblige tenants to bear a portion of the costs for future renovations are invalid.
What happens if clauses are invalid?
If a cosmetic repair clause is invalid, the tenant does not have to carry out any renovation work. If the tenant has nevertheless carried out cosmetic repairs or assumed the costs, he may be able to claim compensation from the landlord.
Practical tips for tenants and landlords
For landlords:
- Use legally secure contract templates that take into account current case law.
- Avoid rigid deadlines or comprehensive renovation obligations.
- Document the condition of the apartment when it is handed over and when it is given back.
For tenants:
- Check rental contracts before signing them, especially the cosmetic repair clauses.
- Document the condition of the apartment when you move in so that you can defend yourself against later claims and also thoroughly document the condition when it is left.
- Seek legal advice if anything is unclear.
Frequently asked questions and answers
1. Who has to paint the apartment when I move out?
That depends on the effectiveness of the clauses agreed in the rental contract. Invalid clauses release the tenant from the renovation obligation.
2. Can the landlord withhold a deposit if I don’t renovate?
Only if the landlord is actually entitled to have cosmetic repairs carried out. If the clauses are ineffective, the deposit may not be withheld.
3. What happens if I do the work myself but the landlord is not satisfied?
The landlord can only demand improvements if the work does not meet the average standard. Professional execution is not required.
4. Can the landlord demand renovation if the apartment was handed over unrenovated?
No, in this case the transfer of cosmetic repairs to the tenant is ineffective, unless compensation has been granted.
Conclusion
The issue of cosmetic repairs is complex and often the subject of legal disputes. Both tenants and landlords should be thoroughly familiar with the legal requirements and current case law in order to avoid unnecessary conflicts. If in doubt, it is advisable to consult an expert such as a tenants’ association or a specialist lawyer.
Further questions?
Do you have any further questions regarding rental law in Germany? Would you like to have another aspect covered in this article? Or do you have any other legal subject that troubles you in Germany? Then drop us an email.
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