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Renovate when moving out? Often you do not have to at all

When you move out, you are supposed to paint, wallpaper, sand the floors? Before you invest money and effort: very many cosmetic-repair clauses in tenancy agreements are invalid. Then no renovation obligation applies to you.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Check your renovation obligation

Your chances of getting your money back

If the cosmetic-repair clause is invalid, you do not have to renovate; the obligation then falls back on the landlord. Renovations already paid for or carried out can, under certain circumstances, be reclaimed.
Typically invalid: 'rigid' renovation deadlines, the obligation despite taking over an unrenovated flat (without reasonable compensation), or quota-settlement clauses. The Federal Court of Justice has struck down such clauses.

What you should do now

  1. 1

    1. Check the clause in the contract

    Find the cosmetic-repair clause and watch for rigid deadlines ('every 3/5 years ... must be renovated') or quota rules.

  2. 2

    2. Clarify the condition at handover

    Did you take over the flat unrenovated? Then a renovation obligation without compensation is generally invalid.

  3. 3

    3. Refuse renovation in writing

    If the clause is invalid, tell the landlord that you are not obliged to renovate because of the invalidity.

  4. 4

    4. Secure the deposit

    If the landlord retains the deposit for it, reclaim it and refer to the invalid clause.

Frequently asked questions

Do I have to paint when I move out?

Only if the cosmetic-repair clause is valid. Many clauses are invalid (rigid deadlines, unrenovated takeover without compensation, quota settlement). Then you do not have to renovate; the obligation lies with the landlord.

I got the flat unrenovated, do I still have to renovate?

As a rule no. The Federal Court of Justice has ruled: anyone who takes over an unrenovated flat cannot be obliged, without reasonable compensation, to renovate on move-out. Such a clause is invalid.

Take action now

We put together the ready-made texts and the right places to contact for you.

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.