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Tenancy law; information on cosmetic repairs

According to the German Civil Code, the landlord is responsible for cosmetic repairs. However, they are usually transferred to the tenant by contract.

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Bayerisches Staatsministerium der Justiz

Bayerisches Staatsministerium der Justiz

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80335 München

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80097 München

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Procedure details

The so-called cosmetic repairs (e.g. painting or wallpapering walls, ceilings, radiators, interior doors, etc.) are generally the responsibility of the landlord. However, it is often agreed in the tenancy agreement that the tenant is responsible for these repairs. Such a provision is generally regarded as permissible as long as it concerns the ongoing embellishment work that occurs repeatedly during the rental period.

It is customary to agree certain schedules (e.g. cosmetic repairs in the kitchen, bathroom and shower every three years, in the living room and bedroom, hallway and toilet every five years). However, the tenant may not be burdened with renovation obligations in standard contract provisions that go beyond the actual need for renovation. Case law has developed the following principles in particular:

  • Rigid schedules of deadlines that do not take into account whether the premises are actually in need of renovation are inadmissible. However, a schedule with "soft" formulations (e.g. "as a rule" or "in general") is permissible, in which a deviation from the renovation intervals is possible depending on the actual condition of the apartment.
  • Quota compensation clauses that impose part of the costs for cosmetic repairs on the tenant if the tenancy is terminated before the end of a renovation interval are invalid.
  • The tenant may only be obliged to carry out renovation work that falls within the term of the contract. A clause that imposes cosmetic repairs on the tenant of an apartment that has not been renovated or is in need of renovation without appropriate compensation is invalid.
  • A provision in a standard form contract that obliges the tenant to renovate at the end of the tenancy regardless of the date of the last periodic renovation (final renovation clause) is also invalid.

Special regulations apply to price-controlled housing.

Status: 05.03.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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