🖌️ Handover of the flat and cosmetic repairs
In brief
When moving in and out, a written handover protocol is worthwhile. Record the condition of the flat, with photos and witnesses.
Cosmetic repairs are, for example, painting. Whether you are obliged to do them is set out in the tenancy agreement. Many clauses are invalid. According to a 2020 judgment of the Federal Court of Justice: if you took over the flat unrenovated and received no appropriate compensation, a renovation clause does not apply against you.
If the unrenovated flat later becomes heavily worn, you can even demand that the landlord renovate. You then generally have to bear half of the costs.
For damage to the flat, the landlord's claims become time-barred six months after return.
Step by step
- Keep a protocolNote all defects when moving in and out. Both sides sign.
- Take photosPhotograph the condition, meter readings and key handover with a date.
- Have the clause checkedHave renovation clauses checked before you paint.
- Keep an eye on the deadlineClaims for damage become time-barred after six months. Keep the protocol for a long time.
Deadlines
- Rigid renovation intervals and colour requirements are often invalid. Have this checked.
- If you took over an unrenovated flat without compensation, cosmetic repair clauses are invalid (BGH, 8 July 2020).
- Cost sharing where the landlord renovates: generally half each.
- Deadlines for returning the deposit are not in the law; not checked here.
In depth · legal basis, figures and practice – for advisers and professionals
Limitation, § 548 BGB
The landlord's claims for compensation for changes or deterioration of the rented property become time-barred in six months. The limitation period begins at the time he recovers the rented property. The tenant's claims for reimbursement of expenses or for permission to remove a fixture become time-barred six months after the end of the tenancy.
Flat handed over unrenovated, BGH 8 July 2020 (VIII ZR 163/18, VIII ZR 270/18)
According to the press release of the Federal Court of Justice, the tenant of a flat handed over unrenovated can demand cosmetic repairs from the landlord if the decorative condition has deteriorated substantially and the renovation clause is invalid for lack of appropriate compensation. Under good faith, the tenant must appropriately contribute to the necessary costs because the renovation goes beyond the unrenovated condition agreed in the contract. As a yardstick, a contribution of half generally applies. Legal bases: §§ 535, 242 BGB.
Gaps
No further primary sources were evaluated on deadlines for the deposit statement, on the scope of permissible clauses for flats handed over renovated, or on case law after 2020.
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