Law & Rent
Cosmetic repairs: what tenants must do — and what they don't
Few topics cause as many move-out disputes as the cosmetic-repairs clause in a tenancy agreement. The good news: a large share of clauses in German contracts — especially old ones for Altbau apartments — are simply unenforceable. Here's where things stand.
When you must paint — and when you mustn't
| Situation | Obligation? |
|---|---|
| Contract without a clause | No — tenant owes nothing |
| Fixed schedule (e.g. kitchen every 3 years) | Unenforceable (BGH, VIII ZR 226/13) |
| "Handed over unrenovated, returned unrenovated" | Enforceable — schedule abolished |
| Landlord handed over "freshly renovated" | Clause usually unenforceable (circularity) |
| Renovating at the landlord's request | Unenforceable |
The most important sentence at handover
Write in the handover protocol: "The apartment was taken over in its current condition and will be returned in this condition." That documents the state of things — whatever the contract clause claims.
What "normal wear and tear" covers
- Yellowed walls, worn walking paths, small nail holes — all normal wear, no obligation to fix.
- Big holes, burnt floors, neon-pink paint jobs: that's excessive wear — here you do have to act (or restore).
- Flat renovation fees charged instead of repainting: only permissible if realistic, not a inflated freeloader premium.
Three things Altbau tenants should especially know
- Original wallpaper and stucco: damaging historic stucco or heritage wallpaper doesn't count as "normal wear" — be careful when moving furniture.
- Decorating is allowed: you may paint and wallpaper freely — as long as the state at move-out is "usual". Colored walls aren't automatic damage.
- Never pre-emptively paint out of fear: a premature "voluntary" repaint can paradoxically reactivate an unenforceable clause. When in doubt: ask a tenants' association (membership approx. €90/year).
Planning a renovation (or is your landlord)?
See what the work realistically costs first — it strengthens your negotiating position.
Open the calculatorNote: general information, not legal advice for individual cases. In a dispute, contact a tenants' association or a lawyer specialised in tenancy law. Questions for the editors: hello@altbau.com