Schönheitsreparaturen: when you have to repaint at move-out
How to check whether the Schönheitsreparaturen (cosmetic repairs such as repainting) clause in your lease is valid, and whether you really have to paint before you move out.
You do not have to repaint if the clause in your lease is void, or if you can show that you took the flat over unrenovated and without compensation. But bright colours you painted yourself always have to be neutral again.
What to check before you paint
By law, the landlord does the painting. A few checks tell you whether the duty has passed to you.
- 1
Find the clause
Look for the rule on Schönheitsreparaturen in your lease. Without a valid clause, the landlord does the painting.
- 2
Rigid schedules make the clause void
Fixed schedules like “kitchen every three years” make the clause void. So does a duty to renovate when you move out whatever the flat's condition.
- 3
How the flat was when you moved in
If the flat was handed over unrenovated and without compensation, you do not have to renovate, provided you can prove it.
- 4
Your own bright colours
Bright colours you painted yourself must be neutral again when you move out.
- 5
Sign no agreement yet
Do not sign a renovation agreement before you have checked the clause.
- 6
Keep your records
Move-in photos of every wall, the Übergabeprotokoll (handover record) and invoices show later what condition the flat was in when you took it over and when you handed it back.
Why this matters
Under §§ 535 and 538 BGB, Schönheitsreparaturen are the landlord's job by law. Only a valid clause in your lease passes them on to you.
General information, not legal advice.
Frequently asked questions
The flat was unrenovated when I moved in. Do I still have to renovate?
You do not have to renovate if you received no adequate compensation for the unrenovated flat. In that case the clause is void according to the BGH (18 March 2015, VIII ZR 185/14).
Do I have to use a particular wall colour?
When you move out, you usually do not have to use a particular colour, as long as you return the flat in a neutral shade, usually white. During the tenancy you can paint however you like.
What actually counts as Schönheitsreparaturen?
Schönheitsreparaturen are only wallpapering and painting: walls and ceilings, radiators, interior doors, and windows and exterior doors from the inside (§ 28 Abs. 4 II. BV). Sanding a parquet floor or laying a new carpet is not part of them.
Also in this topic: Limitation under § 548 BGB: six months for damage, what tenants need to knowMay my landlord take photos of my flat?Can my landlord enter the flat?All guides: Rights & duties
Moving out soon?
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