Smoking in a rented flat: what you pay at move-out
When yellow walls count as normal wear, when you have to repaint, and when smoking marks become damage you pay for.
Smoking in your rented flat counts as normal use under the lease. You only have to repaint yellow walls if your lease has a valid Schönheitsreparaturen (cosmetic repairs such as repainting) clause. You only owe compensation once repainting and wallpapering are no longer enough.
What decides whether you pay for smoking marks
Go through these points before the handover. Together they decide whether you pay for smoking marks.
- 1
Smoking is allowed unless you agreed otherwise
If you and the landlord did not specifically agree something else, you are allowed to smoke in your flat.
- 2
Check your repainting clause
You only have to repaint if the Schönheitsreparaturen clause in your lease is valid.
- 3
If repainting removes the marks
Marks that go away with paint and new wallpaper are not damage.
- 4
If repainting is not enough
You only owe compensation when further work is needed, beyond repainting and wallpapering.
- 5
Burn holes are separate damage
Holes burnt into the floor, upholstery or worktop count as damage of their own.
- 6
What was already yellow at move-in
If the walls and door frames were already yellow when you moved in, you are not responsible for that.
Why this matters
Whether you pay for smoking marks depends on your repainting clause and on how the walls looked before you moved in. If the landlord wants to deduct something, they have to prove the damage. With your own photos from move-in and move-out, it is no longer your word against theirs.
General information, not legal advice.
Frequently asked questions
Do I have to repaint at move-out if I smoked?
You only have to repaint if your lease contains a valid Schönheitsreparaturen clause. Without a valid clause you do not owe repainting, even as a smoker.
Can the landlord keep the Kaution (deposit) for nicotine marks?
The landlord can only keep Kaution money for nicotine marks if the marks go beyond normal repainting and wallpapering, or if you are validly obliged to repaint. The landlord has to prove the damage and the amount.
Is smoking allowed in a rented flat in Germany?
Yes, smoking in your own rented flat is normally allowed. The BGH treats it as normal use under the lease, unless something else was agreed.
Also in this topic: Lost a key as a tenant: who pays for the lock system?Moving out of a Studentenwohnheim: Abnahme and KautionHandover protocol apps: how BildProof is differentDo I have to sign the Übergabeprotokoll?All guides: Handover & viewings
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