Cosmetic repairs on a flat handed over unrenovated – do I have to redecorate?
Likely invalid — such a clause does not bind you.
Cosmetic repair clauses are void if the apartment was unrenovated at move-in without adequate compensation (BGH VIII ZR 185/14).
What you can do next
This clause is invalid. You do not have to perform cosmetic repairs.
The law behind it
BGH VIII ZR 185/14 · 2015-03-18
Cosmetic repair clauses in unrenovated apartments are void if the tenant was not given adequate compensation.
Check your own clause — free
Paste the clause from your contract. You get the verdict for your wording in a few seconds.
The check compares your clause with patterns verified by lawyers and the current statute text. It is general information, not legal advice for your individual case.
Free risk preview, full report €6,90 — every problem clause with the law behind it and what to do.
Check the whole contractRelated questions
- Rigid redecoration intervals in the rental contract – valid?
- Pro-rata redecoration cost clause (Quotenabgeltung) – is it valid?
- Landlord takes on the cosmetic repairs – what does that mean?
- Set-off ban in a rental contract – can the landlord do that?
- Fixed-term rental contract without a reason – is the term valid?
- Landlord may enter the flat at any time – is that allowed?
General information based on German law and court decisions, checked by lawyers — not legal advice for your individual case.