Schönheitsreparaturen: Must I Renovate When Moving Out? (2026)
Schönheitsreparaturen: Must I Renovate When Moving Out?
Not as a matter of law, only where a valid clause in the contract transfers the duty to you.
The BGH has struck down many such clauses: rigid deadline schedules are void, and a tenant given an unrenovated flat without adequate compensation owes nothing at all (BGH, 18.03.2015).
§§ 535, 538 BGBIn 60 seconds
Maintaining the property is the landlord's duty (§ 535 Abs. 1 BGB), and wear through contractual use is theirs too (§ 538 BGB). A duty to redecorate only reaches you through a valid clause.
Schönheitsreparaturen are narrowly defined (§ 28(4) II. BV): papering and painting walls and ceilings, painting radiators and pipes, interior doors, and windows and exterior doors from the inside.
Not included: repairs to the building fabric, sanding parquet, filling a normal number of drill holes, and removing ordinary traces of use.
Where the flat was handed over unrenovated and no adequate compensation was given, the clause is void (BGH, 18.03.2015 – VIII ZR 185/14). In a dispute you must prove it was unrenovated.
A void clause makes the whole redecoration duty fall away and revert to the landlord, not merely the one offending point.
What the law says
Under § 535 Abs. 1 BGB the landlord must keep the property in a condition fit for contractual use; under § 538 BGB the tenant is not answerable for changes arising from contractual use. Redecoration is therefore the landlord's job as a matter of law. Only a valid contractual clause can transfer it to the tenant.
Valid or void? The quick comparison
| Wording in the contract | As a rule |
|---|---|
| Flat handed over unrenovated, no compensation | void |
| Rigid deadlines ("every 3 years, fixed") | void |
| Pro-rata payment on early move-out | void |
| A prescribed final colour (e.g. "white only, mandatory") | usually void |
| Flexible timing ("as a rule", "according to wear") | usually valid |
| Renovated flat handed over, flexible clause | usually valid |
Pro-rata payment clauses, paying a share of the next, not-yet-due redecoration when you move out early, were likewise held void by the BGH (18.03.2015, VIII ZR 242/13).
What it means for each side
- Check the clause before you paint or pay anything in lieu.
- Keep photos and a move-in record. The burden of proving "unrenovated" is yours.
- Sign no redecoration agreement in the handover record before the clause is checked.
- Do not confuse traces of use with damage: you never owe for normal wear.
- Draft flexibly ("as a rule", "according to wear") rather than with fixed deadlines.
- Hand over renovated, or grant adequate compensation.
- Drop pro-rata payment clauses. They are void.
- Record the condition at handover; it decides the clause later.
Common mistakes
Many redecorate voluntarily at move-out although the clause was void, that work and that money need not have been spent.
A demand in the handover record is not a legal obligation.
Without photos or a record the unrenovated condition is hard to prove later, and the burden is yours.
What to do next
Find the clause in your contract and check it against the list below.
Dig out the photos and record from move-in: they show the handover condition.
If the clause is void, say so in writing and cite the case law.
Pay nothing in lieu and sign no redecoration agreement until that is settled.
Frequently asked questions
Do I have to paint the flat when I move out?
Only if there is a valid Schönheitsreparaturen clause in your Mietvertrag. By law, renovating is the landlord's job (§ 538 BGB). If the clause is void, you do not have to paint.
I received the flat unrenovated. Do I still have to renovate?
No. If the flat was handed over unrenoviert and you received no adequate compensation, the clause is void under BGH case law (18 March 2015, VIII ZR 185/14). In that case you owe no Schönheitsreparaturen.
What are starre Fristen and why do they void the clause?
Starre Fristen (rigid deadlines) impose fixed renovation intervals (e.g. 'kitchen every 3 years') regardless of the actual condition. The BGH has declared such clauses void because they would apply even to unused, undamaged rooms.
What actually counts as a Schönheitsreparatur?
Only papering, painting walls and ceilings, painting radiators, interior doors, and windows from the inside. Repairs to the building fabric, drill holes, or normal wear and tear are not included (§ 28 Abs. 4 II. BV).
Must I use a particular wall colour?
On move-out the BGH generally does not allow you to be forced into a specific colour, as long as you return the flat in a neutral shade (usually white). During the tenancy you may paint however you like.
Is a Quotenabgeltungsklausel valid?
No. The BGH has declared Quotenabgeltungsklauseln (pro-rata payment clauses), which require you to pay a share of a not-yet-due renovation, void (BGH, 18 March 2015, VIII ZR 242/13).
This page gives general information as at the date shown. It does not replace legal advice on an individual case.