Beauty repairs in real estate

When moving in still freshly renovated rental apartments often look worn after a few years. The law defines that actually the landlord is responsible for all repairs in the apartment - including so-called beauty repairs.
Beauty repairs include:

• Wallpapering and painting walls and ceilings
• Paint the radiators and heating pipes
• Painting floors or cleaning carpets
• Painting interior doors, windows and exterior doors from the inside

All other work is always the responsibility of the landlord. For example:

• Sanding and sealing parquet flooring
• Renewal of tattered carpet
• Paint the windows and exterior door from the outside
• Repairs of heating, sanitary facilities and electrical installation

However, the landlord can transfer the obligation for beauty repairs with a clause in the lease to the tenant. Many leases require that walls, ceilings, radiators, windows and doors be painted at intervals.

Nevertheless, a tenant does not always have to renovate his apartment, because law and jurisdiction set the renovation obligations narrow limits.

Rigid renovation clauses are ineffective

If there is a wording in a lease such as: "The tenant is required to perform cosmetic repairs in the kitchen, bathroom and toilet at least every three years, in living rooms and bedrooms every five years and in ancillary rooms every seven years.", are these clause according to current case law no longer effective because they are so-called rigid deadlines. The basic principle is that a tenant only has to renovate as much as he has worn out.

Flexible renovation clause are valid

In contrast, renovation clauses are valid according to BGH, if the deadline plan is flexible. For example, a corresponding renovation clause may include phrases such as "in general," "if necessary," or "as needed." A valid formulation would be: "In general, cosmetic repairs, if necessary, must be performed every five years in the kitchen, bathroom and toilet, every eight years in living rooms and bedrooms, and every ten years in adjoining rooms."

Relevant is the condition of the apartment when moving in

The renovation clause is valid only if the tenant draws a renovated apartment. What means renovated, is not exactly defined. According to BGH, an apartment does not have to be completely renovated, it is sufficient if it conveys the overall impression of a renovated apartment - apart from minor signs of wear.

A refurbishment of unrenovated apartment could lead to a short rental period, the tenant must return the apartment in better condition than he has taken over.

An exception is only possible if the tenant gets a reasonable compensation for his renovation work when moving in.