Cosmetic Repairs When Moving Out: When the Clause Is Invalid

"You Must Renovate Before Moving Out" — Is That Actually True?

Your lease says: paint, wallpaper, fix everything. Your landlord says: no renovation, no deposit back. And you're wondering — do I really have to spend hundreds of euros on paint and contractors before I hand over the keys?

In most cases: No. The Federal Court of Justice (BGH) has struck down so many renovation clauses in recent years that it's now harder to find a valid one than an invalid one.

What Schönheitsreparaturen Actually Covers

By definition, Schönheitsreparaturen (cosmetic repairs) only includes painting and wallpapering walls and ceilings, painting floors, radiators, interior doors, and the inside of windows. That's it.

What it does not include:

• Sanding and sealing parquet floors
• Replacing carpet
• Repairing tiles or sanitary fixtures
• Removing scuff marks on door frames
• Filling drill holes (as long as it's a normal number)

The Three Most Common Invalid Clauses

1. Rigid Renovation Schedules

"Kitchen and bathroom every 3 years, living and bedrooms every 5 years, secondary rooms every 7 years."

This classic clause is invalid (BGH, judgment of 23.06.2004 — VIII ZR 361/03). The reason: rigid schedules force you to renovate even when the apartment still looks fine. That's unreasonable. Some clauses try to soften this with phrases like "as a rule" or "generally" — the BGH didn't accept that either, when the schedules are still applied rigidly in practice (BGH, judgment of 18.03.2015 — VIII ZR 185/14).

2. End-of-Tenancy Renovation Clauses

"The apartment must be returned in a renovated condition upon move-out."

Invalid (BGH, judgment of 12.09.2007 — VIII ZR 316/06). The reason: this clause forces you to renovate regardless of how long you lived there and what condition the apartment is actually in. Even if you only lived there for three months, you'd theoretically have to repaint everything. The BGH classified this as an unreasonable disadvantage.

3. Quota Compensation Clauses

"If the last cosmetic repairs were performed more than X years before move-out, the tenant bears Y% of the costs."

Invalid in standard form leases (AGB-Mietverträge) — which is virtually all standard contracts (BGH, judgment of 18.03.2015 — VIII ZR 185/14). The reason: at the time of signing, the tenant can't foresee what they'll owe. The costs are unclear, the move-out date uncertain, and the calculation non-transparent.

When You Do Have to Renovate

There are cases where Schönheitsreparaturen are genuinely the tenant's obligation:

• Individual agreement — not a standard clause, but a specifically negotiated arrangement. Rare in practice, because the landlord must prove that real negotiations took place.
• Valid clause with flexible timeframes — wording like "depending on condition" instead of "every 5 years" can be valid, if it allows genuine flexibility.
• Excessive wear — if you leave the apartment in a condition that clearly goes beyond normal use. Bright red walls, for example, must be painted over because they significantly hinder re-letting (BGH, judgment of 06.11.2013 — VIII ZR 416/12). But: only in neutral colors, not necessarily white — clauses prescribing specific colors are also invalid (BGH, judgment of 20.01.2009 — VIII ZR 50/08).

Special Case: Apartment Received Unrenovated

Did you move into the apartment in an unrenovated condition without receiving adequate compensation? Then the landlord cannot demand any Schönheitsreparaturen from you at all — even if the clause would otherwise be valid (BGH, judgment of 18.03.2015 — VIII ZR 185/14).

The logic: it would be unfair to make you fix wear and tear that partly wasn't caused by you. So definitely check the handover protocol or photos from when you moved in.

The Landlord Threatens to Withhold Your Deposit

Common scenario: the apartment is handed over, but the landlord withholds the deposit, claiming you didn't renovate. What to do?

1. Check the clause. If it's invalid (see above), the landlord has no claim.
2. Document the condition. Photos from the handover are invaluable.
3. Object in writing. Explain why the clause is invalid and demand the deposit back with a deadline.
4. Don't let yourself be pressured. "See you in court" is often an empty threat in this area — case law is clearly tenant-friendly.

Checklist: Do I Have to Renovate?

• Is it a standard form lease (AGB)?
• Does the clause contain rigid timeframes?
• Is an end-of-tenancy renovation required?
• Is there a quota compensation clause?
• Did you receive the apartment unrenovated?

If even one of these is answered "yes," there's a good chance you don't have to renovate.

Not Sure if Your Clause Is Valid?

Leases are long, and the critical wording is often buried in the fine print. A single word can make the difference — "as a rule every 5 years" sounds flexible but according to the BGH, it often isn't.

MieterHelfer helps you figure this out quickly. We built the app because tenants spend millions every year on renovations they don't legally owe — simply because they never checked the clause.

Just enter the wording of your clause or describe what the landlord is demanding. MieterHelfer checks against current BGH case law whether the clause is valid and explains how you should respond.

Free, no sign-up, in seconds. MieterHelfer isn't a substitute for a lawyer — but it shows you whether you even need one.