Who pays for what: repairs and cosmetic renovation

Moving into a new apartment in Germany means navigating some of the strongest tenant protections in Europe — but also understanding where landlord obligations end and your responsibilities begin. The distinction between cosmetic repairs (Schönheitsreparaturen) and structural maintenance is crucial, and many contracts contain clauses that German courts have repeatedly struck down as unfair or unlawful.

The Legal Starting Point: Who Owns the Responsibility?

Under the German Civil Code (Bürgerliches Gesetzbuch, or BGB), Section 535 establishes a clear default rule: your landlord is fully responsible for maintaining the apartment in a condition suitable for its contracted use, including all repairs — large and small. This applies unless your rental contract contains a valid, specific exception. The law presumes the landlord pays for everything unless the contract explicitly and clearly states otherwise.

This matters because many expats, students, and families signing their first German rental agreement assume they must handle painting, wallpapering, or other cosmetic work at move-out. That assumption is often wrong. Courts have repeatedly struck down clauses that impose these costs on tenants unfairly.

Cosmetic Repairs (Schönheitsreparaturen): When Are You Really Liable?

Cosmetic repairs — painting walls, wallpapering, painting radiators, interior doors, and window frames — are the landlord's responsibility by law. However, your contract may try to shift them to you. The question is whether such a clause is valid.

Rule 1: Unrenovated Flats Protect You

The German Federal Court of Justice (Bundesgerichtshof, BGH) has ruled decisively: if you moved into an apartment that was not freshly renovated — meaning the walls needed paint, wallpaper was old, or the overall impression was worn — you cannot be forced to renovate it before moving out, even if your contract says otherwise. This is a major protection for anyone renting an older apartment or taking over from a previous tenant.

The only exception is if you received appropriate compensation for the unrenovated state — such as a rent-free period — that was clearly stated in your contract from day one. Even then, courts scrutinize whether the compensation genuinely matched the renovation work required.

Rule 2: Rigid Renovation Schedules Are Invalid

Many older contracts contain clauses like 'tenant must repaint every 3 years' or 'walls must be painted in neutral colors upon move-out, regardless of condition.' German courts have repeatedly ruled these rigid schedules invalid because they ignore actual wear and tear. A clause that mandates painting on a fixed schedule, without regard to whether the apartment actually needs it, unreasonably disadvantages the tenant.

What matters legally is whether the apartment needs renovation due to your use of it, not the passage of time. Courts recognize that normal, careful use causes wear gradually. You cannot be penalized for living in the apartment.

What If Your Cosmetic Clause Is Invalid?

If your contract contains an invalid cosmetic repair clause, you are not legally obligated to carry out any renovation work before moving out. However, many tenants still perform renovations to avoid disputes or protect their deposit. If you have already paid for cosmetic repairs or done the work yourself, you may reclaim that money from your landlord within six months of moving out.

Small Repairs: The Kleinreparaturklausel and Its Strict Limits

Minor repairs — fixing a broken faucet, replacing a light switch, patching a hole — are different from cosmetic renovation. Many contracts include a Kleinreparaturklausel (small repairs clause) that allows the landlord to charge tenants for minor work. But this clause is only valid if it meets strict legal conditions.

The Three Conditions for a Valid Clause

For a Kleinreparaturklausel to be enforceable, your contract must specify three things:

1. Only items you regularly use or touch — faucets, light switches, window and door handles, for example — can be included. Hidden components like pipes inside walls, drain seals, or heating systems cannot.
2. A per-repair cost cap, typically €75 to €120 (including VAT). If a single repair exceeds this amount, your landlord must pay the full cost; you only contribute up to the cap.
3. An annual cap, usually 6% to 8% of the annual cold rent (Kaltmiete). This means that once you have paid that percentage of your yearly rent in small repairs, you owe nothing more for the rest of the year, even if more repairs arise.

If your contract mentions minor repairs but omits any of these three conditions — or makes them vague — the clause is invalid, and your landlord must pay for all repairs regardless of size.

Who Actually Pays and Hires the Technician?

Even when a valid Kleinreparaturklausel exists, the landlord is still legally obliged to commission and hire the repair worker. You do not hire the plumber or electrician yourself; the landlord does, receives the bill, and then deducts your capped contribution from your deposit or a final bill. If the repair exceeds the cap, the landlord absorbs the overage.

Structural, Safety, and Essential Repairs: Always the Landlord's Duty

Certain repairs are never your responsibility, no matter what your contract says. These include heating, hot water supply, plumbing, electrical systems, structural damage, mold, pest infestations, and any defect that makes the apartment unsafe or uninhabitable. Your landlord must maintain these at all times, regardless of wear or tenant behavior.

Examples include broken heating during winter, no hot water, leaking pipes, water damage, mold, infestations, or a non-functioning toilet. These are not minor repairs — they are maintenance obligations under BGB Section 535.

How to Report a Defect Properly

When something breaks or stops working, you are legally obligated to notify your landlord without delay. The best practice is to report the defect in writing — email is acceptable — so you have proof of when you reported it. Include a clear description of the problem, photos if relevant, and the date you discovered it.

Your failure to report a defect in a timely manner can cause you to lose certain legal rights, such as the ability to reduce your rent for that period. So document everything: take screenshots of emails, keep a record of phone calls, and follow up verbal reports with written confirmation.

Once you have notified the landlord, they have a reasonable time to fix the problem — usually a few days for urgent matters like heating or water, longer for less critical issues. If the landlord fails to act within a reasonable timeframe, you have the right to reduce your rent proportionally or, in severe cases, to terminate the lease without notice.

Common Clauses That Courts Have Struck Down

Over the past decade, German courts have systematically invalidated many standard clauses that landlords routinely include. Understanding these helps you recognize when a clause in your contract may not actually be enforceable.

• Fixed-interval painting clauses ('must repaint every 3 years' or 'paint every 5 years'): Invalid because they ignore actual condition and wear.
• Color or finish mandates ('paint in neutral, light, opaque colors'): Invalid if they require the tenant to paint regardless of whether the walls actually need it.
• Blanket move-out renovation ('full cosmetic renovation required at end of tenancy'): Invalid unless the apartment was freshly renovated at move-in.
• Annual flat-rate caps above 8% of annual rent for small repairs: Usually invalid as excessive.
• Small repairs clauses with no per-repair or annual cap: Invalid; courts require both limits to be stated clearly.

What You Actually Owe: A Practical Summary

To avoid confusion and disputes at move-out, here is what you are genuinely responsible for:

• Normal wear and tear from everyday living: not your responsibility.
• Damage you caused through carelessness or abuse: your responsibility. (Example: a large hole in the wall from moving furniture.)
• Cosmetic repairs if the flat was freshly renovated when you moved in AND the contract is clear and reasonable: potentially your responsibility, but only for wear you caused, not for the passage of time.
• Small repairs if a valid Kleinreparaturklausel exists: your responsibility up to the per-repair cap and annual cap, for items you regularly use.
• Structural and safety repairs: landlord's responsibility, always.
• Heating, hot water, plumbing, electrical systems: landlord's responsibility, always.

Protecting Yourself at Move-In and Move-Out

The most important step is creating a detailed handover protocol (Übergabeprotokoll) when you move in. Walk through the apartment with the landlord or agent, document the condition of every room, note any existing damage, take photos, and both sign the protocol. This protects you from being charged for damage that was already there.

Keep this protocol safe, along with all receipts for repairs you pay for out of pocket, copies of all communications with your landlord about defects, and photos of the apartment at move-in and move-out. If the landlord later claims you owe money for cosmetic repairs or damage, you will have evidence to dispute it.

Before moving out, review your contract carefully. Look for any cosmetic repair clauses, small repair clauses, and color or finishing requirements. If a clause seems unreasonable or vague, research it online or contact a tenant association (Mieterverein) — many offer free or low-cost consultations for members. Do not assume you must comply with every demand in writing from your landlord; many such demands are not legally enforceable.

Key Takeaways for Expats and New Residents

1. German rental law defaults to landlord responsibility for all repairs and cosmetic work. You only owe what the contract explicitly — and legally — requires.
2. Many cosmetic repair clauses are invalid, especially if the apartment was not freshly renovated when you moved in or if the clause imposes rigid time schedules.
3. Small repairs (Kleinreparaturen) can be charged to you only if the contract specifies a per-repair cap (€75–€120) and an annual cap (6–8% of rent). Both must be present and clear.
4. Report all defects in writing to your landlord immediately. Failing to report can cost you legal rights.
5. Structural, heating, plumbing, electrical, and safety issues are always the landlord's responsibility.
6. Document everything: take photos at move-in, keep the Übergabeprotokoll, save all emails and receipts, and track any repairs you pay for.
7. If a clause in your contract seems unreasonable, it may be invalid. Tenant associations and legal advisors can help you evaluate it without cost.