Do I have to renovate when I move out?
Often not. In principle, cosmetic repairs (painting walls, ceilings, doors) are the landlord's job (§ 535 BGB). They only fall on you if validly shifted to you in the lease. The Federal Court has struck down many common clauses: rigid deadlines ("every 3/5 years"), quota clauses and above all the duty to return a flat handed over unrenovated in renovated condition are void. So if you moved in unrenovated or the contract has a rigid clause, you usually don't have to repaint on moving out — then it's the landlord's job. Normal wear and tear is covered by the rent anyway.
📋 The rules
- Cosmetic repairs are in principle the landlord's job (§ 535 BGB)
- Transfer only by a valid lease clause
- Rigid deadlines and quota clauses are void per the Federal Court
- Whoever moves in unrenovated usually need not move out renovated
- Normal wear is covered by the rent — no precautionary final renovation
🔓 Exceptions
- A valid, flexible clause + a renovated handover: then due work may be owed
- Self-caused damage (lots of drill holes, discolouration, pet scratches) you must fix
- Return your own bold colour scheme in a 'neutral' state (e.g. paint over bright walls)
⚠️ Penalties & fines
It's about claims, not fines. If the clause is void, you needn't renovate — if the landlord still demands it or withholds the deposit for it, you can reclaim it. If the clause is valid and you don't carry out due work, the landlord can claim damages (renovation cost). In a dispute it's worth checking the specific clause — many don't survive the case law.
📎 Official sources
- § 535 BGB · Content and main duties of the lease →
- German Tenants' Association · Cosmetic repairs →
- Verbraucherzentrale · Cosmetic repairs on moving out →
❓ Frequently asked
Do I have to repaint when I move out?
Only if a valid lease clause obliges you and the flat was handed over renovated. Many clauses are void per the Federal Court — then renovation stays the landlord's job.
What are rigid deadlines?
Clauses that prescribe painting flatly "every three/five years", regardless of the actual state. The Federal Court declared such rigid deadlines void. What matters is the real need to renovate, not the calendar.
I moved in unrenovated — must I move out renovated?
Usually not. The Federal Court held that a flat handed over unrenovated need not be returned renovated — otherwise you'd improve a state you never found.
What about drill holes and coloured walls?
You needn't fix normal wear, but you must fix self-caused damage — properly fill many drill holes and bring very bold wall colours to a neutral state. That's independent of the cosmetic-repairs clause.
Can the landlord keep the deposit for renovation?
Only if you were validly obliged to renovate and didn't. If the clause is void, he may not keep the deposit for it — and you can reclaim it.
🔎 Common searches
What people search to land here:
- “do i have to renovate moving out”
- “cosmetic repairs clause void”
- “rigid deadlines renovation court”
- “moved in unrenovated move out”
- “deposit withheld renovation”
- “tenant painting duty move out”