Cosmetic repairs – what does the tenant owe when moving out?

26. Jul
The topic of cosmetic repairs is a real evergreen in tenancy law. Even the Federal Court of Justice (BGH) has repeatedly dealt with the question of who has to carry out which measures and when.

Do I actually have to paint and wallpaper when I move out? Even with normal use, every apartment shows signs of wear and tear after a certain amount of time. However, it is often not so clear who has to repair these defects.

Sanding floorboards and repairing cracks is not included

There is often an initial discussion about what is actually covered by the term cosmetic repairs. Over time, a considerable body of case law has accumulated on this subject.

The term “cosmetic repairs” includes:

  • Wallpapering;
  • Painting or whitewashing walls and ceilings;
  • Closing drill holes;
  • Painting wooden floors, painting radiators and heating pipes;
  • painting interior doors, (wooden) windows and exterior doors from the inside; and
  • Basic cleaning of carpets.

Work on the exterior of the building, on the other hand, as well as work on the substance of the apartment (such as sanding down floorboards or repairing wall cracks) are not covered by the term cosmetic repairs.

Cosmetic repair clauses often ineffective

In principle, cosmetic repairs are the responsibility of the landlord. However, the landlord can transfer this responsibility to the tenant by contract.

However, these clauses, which are now standard in tenancy agreements, are often ineffective. Here too, extensive case law has developed over the years which significantly restricts the options available to landlords.

According to these rulings, the following clauses in particular are ineffective:

  • Prescribed scope also includes exterior painting (whenever windows are also to be painted in their entirety or parquet flooring is to be sealed);
  • Color selection prescribed by landlord (e.g. may only be painted white);
  • Mandatory final renovation (you must renovate when you move out, regardless of the condition of the apartment);
  • Rigid deadlines (you must renovate every X months or years, regardless of the condition); and
  • Compensation clauses (you have to pay for the cosmetic repairs on a pro rata basis when you move out, even if they are not objectively necessary).

Cosmetic repair clauses are also always ineffective if the apartment was handed over unrenovated.

Summary

The dispute over cosmetic repairs is a real evergreen among tenancy disputes. All the more reason to take a close look here.

Landlords often wrongly try to pass on costs to tenants.