Cosmetic Repairs: When You Really Have to Renovate (And When You Don't)

The Myth of Renovation Obligation

It's one of the most common points of contention between tenants and landlords in Germany: renovation when moving out. The belief that you must always hand over the apartment freshly painted persists. But reality looks different. The Federal Court of Justice (BGH) has declared a multitude of common clauses about cosmetic repairs invalid in recent years. The result: millions of tenants have renovated unnecessarily.

Before you invest time and money in paint, brushes, and work hours, you should know your obligations precisely. Often, the landlord's demand is legally baseless.

What Are "Cosmetic Repairs" According to Law?

The law itself doesn't define the term exactly, but jurisprudence has drawn clear boundaries. Cosmetic repairs include exclusively work inside the apartment that results from normal wear and tear.

This includes:

• Wallpapering and painting walls and ceilings.
• Painting radiators and heating pipes.
• Painting interior doors as well as windows and exterior doors from inside.

This does NOT include:

• Sanding and sealing parquet floors.
• Replacing carpets.
• Repairing plaster cracks.
• Painting windows and doors from outside.

These tasks fall within the landlord's responsibility and cannot be shifted to the tenant.

The Most Important Question: Did You Receive the Apartment Renovated or Unrenovated?

This is the decisive point that causes many clauses to fail. In a landmark ruling (BGH, File No. VIII ZR 185/14), it was decided: If the tenant moved into an unrenovated apartment without receiving appropriate compensation (e.g., rent-free period), a clause obligating them to perform cosmetic repairs is generally invalid.

Why? Because otherwise the tenant would have to return the apartment in better condition than they received it. This constitutes unreasonable disadvantage.

Immediately Invalid! These Clauses You Can Ignore

Courts have identified numerous types of clauses over the years that lead to invalidity of the entire cosmetic repair regulation. If you find one of these formulations in your contract, you are very likely released from obligation.

1. Rigid Time Schedules

Formulations like "kitchens and bathrooms must be renovated at least every three years, living and bedrooms at least every five years" are invalid. Such rigid plans don't consider the actual condition of the apartment.

2. Final Renovation Clauses

A clause that generally obligates the tenant to renovate upon moving out – regardless of how long they lived there or when the last renovation took place – is invalid.

3. Imprecise Color Choice Clauses

A provision requiring the tenant to maintain walls in a specific (usually light) color during tenancy interferes too much with personal lifestyle and is invalid. However, a clause requiring return in "light, neutral colors" may be valid.

Your Next Steps: Check Instead of Argue

As you can see, your renovation obligation depends on the exact wording in your rental contract. A single wrong word can make an entire clause invalid. For a layperson, legal examination of these details is complex and risky.

Before starting an unnecessary and expensive renovation or risking conflict with your landlord, get absolute certainty.