Schönheitsreparaturen was muss man bei Auszug tun

Whether tenants are obliged to paint the apartment depends on the agreements in the rental contract and the legal situation. Here are the most important points:

1. cosmetic repairs in the rental agreement

Landlords usually try to transfer the obligation to carry out cosmetic repairs (e.g. painting walls, doors or window frames) to the tenants in the tenancy agreement. However, this clause must be legally permissible in order to be effective.

2. ineffective clauses

In recent years, the Federal Court of Justice (BGH) has amended many tenancy agreements in favor of tenants . Some typical clauses are invalid:

  • Fixed deadlines: If the tenancy agreement states that the tenant must paint after a fixed period of time (e.g. every 5 years), this is invalid.
  • Obligation to paint when moving out: A clause that stipulates across-the-board that the tenant must paint when moving out is often ineffective, especially if the apartment is in good condition.
  • Renovation when moving in without renovation: If the tenant takes over an unrenovated apartment and is nevertheless obliged to renovate it in the tenancy agreement, this clause is usually invalid.

3. what is allowed?

Some cosmetic repair clauses can be effective if they give the tenant enough flexibility and do not impose unreasonable obligations. These are generally valid:

  • Individual agreements: If tenants and landlords reach agreements on renovations in individual cases, these can be legally binding.
  • Wear and tear within normal limits: Tenants only have to pay for wear and tear that goes beyond normal use (e.g. heavy soiling or damage).

4. no obligation without agreement

If there is no legally effective clause in the tenancy agreement, there is no legal obligation for tenants to paint the apartment when they move out or to carry out decorative repairs. The landlord is then responsible for this work.

Conclusion:

Tenants are only obliged to paint if the tenancy agreement contains an effective and legally permissible clause. Ineffective clauses mean that there is no obligation.