Cosmetic repairs when moving out of rented flats are a frequently discussed topic between tenants and landlords. In this article, you will find out which repairs are necessary in the flat when moving out. And when they need to be carried out. We also look at the legal aspects that need to be considered.
Legal basis
According to the German Civil Code (BGB), the landlord is generally responsible for carrying out decorative repairs. However, a clause in the tenancy agreement can be used to transfer cosmetic repairs to the tenant.
A frequently used sentence in tenancy agreements reads: “The tenant must carry out and pay for the cosmetic repairs.” Important Federal Court of Justice (BGH) rulings have made it clear that a rigid schedule of deadlines or blanket colour specifications are invalid.
Important court judgements
The BGH declares a cosmetic repair clause invalid if it unreasonably penalises the tenant. One well-known judgement is VIII ZR 316/06, which declares blanket renovation obligations to be invalid.
Another judgement is VIII ZR 185/14, which clarifies that tenants are not obliged to renovate if an unrenovated flat was handed over when they moved in.
What are cosmetic repairs?
Cosmetic repairs include typical renovation work that becomes necessary through the normal use of the flat.
This includes:
- Painting or wallpapering walls and ceilings
- Painting radiators, interior doors and windows from the inside
Such work serves to remove superficial signs of wear and tear caused by daily life.
Typical cosmetic repairs
According to § 28 paragraph 4 sentence 3 of the II. BV, cosmetic repairs include
- Wallpapering, painting or whitewashing walls and ceilings
- Painting floors, radiators including heating pipes, interior doors as well as windows and exterior doors from the inside
- Sealing plug holes and cracks in the plaster
We recommend any of the products in our BLUFIXX SMART REPAIR category for the quick and precise sealing of dowel holes and cracks. The repair gel is easy to apply and hardens in seconds with the blue light of the LED lamp.
What does not count as cosmetic repairs?
Cosmetic repairs do not include:
- major maintenance work such as replacing a worn carpet
- sanding or sealing parquet
- flooring repairing light switches and door locks
- work outside the flat, such as renovating the building façade, stairwell or the outside of flat doors and windows
These tasks are the responsibility of the landlord and may not be passed on to the tenant.
Obligations of the tenant
Tenants are obliged to carry out the cosmetic repairs specified in the tenancy agreement. This includes, among other things, closing up wall plug holes or painting coloured walls in neutral tones.
It is advisable to draw up a flat handover protocol when moving in to record the condition of the flat. You can carry out cosmetic repairs yourself, but they must be carried out professionally.
Professional execution
When carrying out cosmetic repairs, it is crucial that they are carried out professionally.
This means that
- wall paint is applied evenly and opaquely
- wallpaper does not bubble
- all work has a clean finish
Improper renovation work can lead to the landlord demanding rework or withholding costs from the deposit.
Flat handover protocol
A flat handover protocol should be drawn up when moving in and moving out. This protocol documents the condition of the flat. It can serve as proof in the event of disputes about the cosmetic repairs carried out. It is important that the protocol is signed by both parties.
Obligations of the landlord
The landlord is obliged to maintain the flat and can only demand cosmetic repairs under certain conditions. If the tenancy agreement contains ineffective clauses, the tenant does not have to carry out any decorative repairs. In this case, the tenant can only return the flat in a swept clean condition. The same applies if the tenant has taken over the flat unrenovated.
Maintenance obligation
The landlord is obliged to keep the flat in a usable condition. Major repairs and maintenance measures that go beyond cosmetic repairs are the responsibility of the landlord.
Ineffective clauses
Clauses that unreasonably penalise the tenant or impose unrealistic requirements are invalid. For example, rigid deadlines for renovations or the obligation to use certain colours are not permitted. Such clauses mean that the tenant is not obliged to carry out any cosmetic repairs.
Preparation of cosmetic repairs
- Planning and time management
- Careful planning includes
- taking stock of the actual renovation requirements procuring the necessary materials and tools scheduling the work
It is advisable to draw up a schedule that includes a sufficient buffer for unforeseen events.
Materials and tools
You will need various materials and tools for the cosmetic repairs, such as paints, brushes, rollers, masking film, filler and sandpaper. Make sure that you obtain all the materials at once to avoid unnecessary interruptions.
Carrying out cosmetic repairs
Cosmetic repairs should be carried out carefully and professionally. This includes painting walls and ceilings, sealing cracks and closing holes in wall plugs. Make sure that the paint is applied evenly and wallpaper is applied neatly.
Step-by-step instructions
- Start by preparing the surfaces to be renovated.
- Remove old wallpaper and sand down any unevenness.
- Cover floors and furniture with masking film.
- Apply the primer and allow it to dry.
- Then start painting or wallpapering. Apply the paint evenly and ensure clean transitions.
Corrections and reworking
If errors occur during the work, correct them immediately. Unevenness or colour bubbles can be difficult to remove after drying.
Check your work regularly and correct any defects. The products in our BLUFIXX SMART REPAIR category are ideal for precise corrections and reworking. They make it possible to carry out repairs quickly and accurately.
Tips for avoiding cosmetic repairs
Many cosmetic repairs can be avoided through regular maintenance and precautionary measures during the rental period. Good communication with the landlord helps to avoid misunderstandings and make clear agreements.
Regular maintenance
Regular maintenance of the flat can help to avoid major cosmetic repairs when you move out. This includes regular ventilation, avoiding moisture damage and careful treatment of walls and floors.
Precautionary measures
Use furniture glides to avoid scratches on the floor. Cover sensitive surfaces to minimise signs of wear. If necessary, minor repairs should be carried out immediately.
The products in our BLUFIXX SMART REPAIR category are ideal for the immediate repair of minor damage during the rental period. This avoids major repairs and conflicts when moving out.
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FAQ
What happens if I do not carry out cosmetic repairs?
The landlord can withhold part of the deposit to cover the costs of necessary renovations. In some cases, he can also take legal action to enforce the repairs.
Do I always have to paint when I move out?
Only if it was agreed in the tenancy agreement and if the flat is worn beyond normal use. If the flat is in a similar condition to the flat you took over when you moved in, extensive cosmetic repairs are often not necessary.
Can the landlord withhold the deposit?
The landlord can retain the deposit if cosmetic repairs are necessary and have not been carried out. The deposit serves as security for the landlord to cover the costs of any damage or missing cosmetic repairs.