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If cosmetic repairs are regulated in the rental agreement, they are subject to the strict conditions governing the effectiveness of general terms and conditions. Whether an ineffective clause jeopardizes the entire cosmetic repairs agreement is a matter of dispute and must be clarified in court if necessary. Therefore, especially in newer rental contracts, care is taken to use only legally secure formulations.

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Cosmetic repairs are recognized by the legislator in § 538 and § 535 regulated. The legislator sees the landlord as responsible for cosmetic repairs, but only formulates this as a model and not as an indispensable right (recognizable by the missing wording. 'In the case of a rental relationship for living space, an agreement that deviates to the disadvantage of the tenant is ineffective ', see e.g. § 547).

The obligation to carry out cosmetic repairs is therefore subject to mandatory law and can be contractually transferred from the landlord to the tenant. This option is generally used and the obligation to carry out cosmetic repairs in the rental agreement is transferred to the tenant.

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This section was started on July 14, 2019, in which important aspects of tenancy law are explained.

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When regulating the type and scope of cosmetic repairs, many rental contracts refer to the Second Calculation Ordinance (II.BV) for publicly subsidized living space, which is defined in § 28 section 4 clause 3 as follows: 'Cosmetic repairs only include wallpapering, painting or liming the walls and ceilings, the painting of the floors and the radiators including heating pipes, the interior doors as well as the windows and exterior doors from the inside'. This also covers preparatory work (removing dowels and wallpaper that you have attached yourself, closing the holes). Any additional repairs are mostly ineffective.

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The quality of cosmetic repairs is relatively undisputed: they should be carried out in a professional manner. The tenant can hire a painting company to do this, but he can also do the work himself.

The question of the intervals at which cosmetic repairs should be carried out is more difficult. Fixed deadline plans are ineffective, the tenant can only be recommended the intervals at which renovations should be carried out in order to preserve the rental property. When moving out, however, the landlord can request a renovation.

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If minor repairs are regulated in the rental agreement, these are subject to the strict conditions governing the effectiveness of general terms and conditions. Whether an ineffective clause jeopardizes the entire agreement on minor repairs is a matter of dispute and must be clarified in court if necessary. Therefore, especially in newer rental contracts, care is taken to use only legally secure formulations.

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Minor repairs are regulated by the legislator in § 538 and § 535. The legislator sees the landlord as responsible for minor repairs, but formulates this only as a model and not as an indispensable right (recognizable by the missing wording: 'In the case of a rental relationship for living space, an agreement that deviates to the disadvantage of the tenant is ineffective', see e.g. § 547).

The obligation to carry out minor repairs is therefore subject to mandatory law and can be contractually transferred from the landlord to the tenant. This option is generally used and the obligation to carry out minor repairs in the rental agreement is transferred to the tenant.

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An update of this section took place on July 19, 2019, in which explanations on cosmetic repairs were added.

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When regulating the type and scope of minor repairs, many rental contracts refer to the Second Calculation Ordinance (II. BV) for publicly subsidized living space, which is listed in § 28 section 3 clause 2 defined as follows: 'The minor maintenance only includes the repair of minor damage to the installation items for electricity, water and gas, the heating and cooking equipment, the Window and door locks and the locking devices of shutters.'

According to the case law of the Federal Court of Justice (NJW 1989/2248), this only covers items that are subject to 'frequent access' by the tenant (objective limitation) and repairs that do not exceed a certain amount (amount limit). Individual amounts that do not exceed values ​​of 75 euros (legally certain) to 125 euros (legally justifiable) and in total not 6% (legally certain) to 8% (legally justifiable) of the annual basic rent are considered justifiable.

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According to § 536c, the tenant is obliged to notify the landlord immediately of any damage to the rental property. In return, according to § 535, the landlord is obliged to keep the rented property in 'a condition suitable for use in accordance with the contract'. As a rule, the landlord will then commission a craftsman to ensure that it is carried out professionally. Execution by the tenant is therefore usually not relevant.

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