Apartment Handover: What Do You Actually Have to Do?
The apartment handover is one of the most stressful moments of any move. Do I have to repaint? What can the landlord demand? And what happens if I do not renovate? These questions concern millions of tenants -- and the answers, thanks to numerous rulings by Germany's Federal Court of Justice (BGH), are clearer than many think.
Cosmetic Repairs: The Legal Basis
In principle, the landlord is responsible for maintaining the apartment -- including cosmetic repairs (Schoenheitsreparaturen). However, the landlord can transfer this obligation to the tenant via the lease. The critical question is whether the relevant clause in your lease is legally valid.
What Counts as a Cosmetic Repair?
The term is legally defined: wallpapering, painting, or whitewashing walls and ceilings; painting floors, radiators including heating pipes; painting interior doors, and windows and exterior doors from the inside. Not included: replacing floor coverings, repairing tiles, fixing moisture damage, or renewing sanitary installations.
BGH Rulings: What Is Valid, What Is Not?
The Federal Court of Justice has declared many lease clauses invalid in recent years. Here are the key decisions:
Invalid: Rigid Timeframe Plans
Clauses such as 'kitchen and bathroom every 3 years, living rooms every 5 years, bedrooms every 7 years' have been invalid since the BGH ruling of 23 June 2004 (case VIII ZR 361/03), provided they are formulated as rigid obligations. Rigid deadlines force the tenant to renovate regardless of the actual condition of the apartment -- that is impermissible.
Invalid: End-of-Tenancy Renovation Clauses
A clause that obliges the tenant to renovate upon moving out, regardless of when the last renovation took place, is invalid (BGH, 12 September 2007, case VIII ZR 316/06). The reason: it can lead to a tenant renovating even though renovation was carried out only shortly before.
Invalid: Colour-Choice Clauses During Tenancy
The landlord may not prescribe which colours the tenant uses during the tenancy (BGH, 20 January 2010, case VIII ZR 50/09). A clause requiring only light or white colours throughout the tenancy is invalid. However: upon moving out, the landlord may require the apartment to be returned in neutral, light colours.
Valid: Flexible Clauses
Clauses that provide for renovation 'generally' or 'as a rule' after certain periods are valid -- as long as they take the actual condition of the apartment into account. Example: 'Cosmetic repairs are generally required in kitchen spaces every 3 years, in living and bedrooms every 5 years.' Here no rigid obligation is imposed, but rather a guideline.
What If You Received the Apartment Unrenovated?
An important BGH ruling (18 March 2015, case VIII ZR 185/14): anyone who took over an unrenovated apartment without adequate compensation is not obliged to renovate -- even with an otherwise valid cosmetic-repair clause. The rationale: it would be unreasonable to require the tenant to return the apartment in better condition than it was received. So check your original move-in handover protocol -- it is invaluable.
The Handover Protocol: Your Most Important Document
A thorough handover protocol protects you against unjustified claims. It should contain: date and time of the handover; all persons present (tenant, landlord, or property manager); meter readings for electricity, gas, and water; condition of every room (walls, floors, windows, doors, sanitary fittings); existing defects and pre-existing damage; and the number of keys handed over.
Photograph everything -- walls, floors, windows, door frames, sanitary installations. The photos should have a timestamp. In any dispute, they are the most important evidence.
Practical Tips for the Apartment Handover
Walk through together: go room by room with the landlord. Do not let anything be skipped. Document defects: write everything into the protocol, even minor items. Anything not recorded can later be used against you. Do not sign hastily: read the protocol carefully before signing. Add any missing points. Count keys: hand over all keys and have the number confirmed in writing. Missing keys can be expensive (replacement of the locking system: EUR 200--1,000). Discuss deposit return: clarify when you can expect the refund. The landlord has up to 6 months to settle accounts.
What to Do About Unjustified Claims?
If the landlord demands renovation or damage repair that you consider unjustified, object in writing and set a deadline. Contact the local tenants' association (Mieterverein) -- initial advice is usually free for members. If in doubt, have the clause in your lease reviewed legally. Do not pay or renovate hastily out of fear of losing your deposit.
Conclusion
The legal position on cosmetic repairs has shifted significantly in tenants' favour in recent years. Many widespread clauses in older leases are invalid. Review your lease carefully, produce a comprehensive handover protocol, and do not hesitate to reject unjustified demands. When in doubt, the tenants' association is your best point of contact.
