Do I always have to renovate when moving out?

No, a duty to renovate only exists if a valid clause to that effect was agreed in the tenancy agreement. The BGH has declared many common clauses invalid, especially rigid schedules of deadlines. If the flat was taken over unrenovated, the duty usually falls away completely. If in doubt, it is worth looking at the handover report and having it checked legally.

What is a quota clause?

A quota clause (Quotenabgeltungsklausel) requires the tenant to pay a share of the costs, calculated by length of tenancy, when moving out before renovation is due. In 2015 the BGH ruled that such standard clauses are always invalid (VIII ZR 242/13), because the tenant cannot reliably estimate the share when signing the contract. So you do not have to pay.

Are rigid schedules of deadlines in the tenancy agreement permitted?

According to BGH case law, rigid schedules of deadlines that prescribe fixed periods for renovation are invalid. They do not take the actual condition of the flat into account and put the tenant at an unreasonable disadvantage. Flexible provisions based on the actual degree of wear, on the other hand, are permitted. Tenants should therefore have their contract checked carefully.

What happens if the clause in the tenancy agreement is invalid?

If the clause on cosmetic repairs is invalid, the tenant's obligation falls away completely – the duty to renovate then lies with the landlord again. In that case the tenant does not have to do any painting when moving out. Even so, the flat should be handed over broom-clean and in the condition required by the contract. If you are unsure, it helps to look at current BGH rulings.

May the landlord prescribe particular colours?

During the tenancy, standard clauses may not prescribe particular colours; the BGH declared this generally not permitted in 2008 (VIII ZR 224/07). Requirements for the return of the flat are more likely to be possible – for example, varnished woodwork in its original colour (VIII ZR 283/07). If you have painted walls in very strong colours, agree with the landlord before the handover whether they should be painted over in a neutral shade.

How does the condition on moving in affect my obligations?

If the flat was handed over unrenovated or in need of renovation, a standard clause on cosmetic repairs is invalid if the landlord did not grant reasonable compensation (BGH VIII ZR 185/14, 2015). What matters is the condition when you moved in – proven by the handover report or photos. Without evidence it becomes difficult, so document everything thoroughly when you move in.

Can I do the renovation myself or hire a specialist firm?

In principle, the tenant is free to carry out cosmetic repairs themselves or to hire a specialist firm, as long as a valid obligation exists. What matters is that the work is done professionally and to a proper standard. Otherwise, defects in the work can lead to further claims by the landlord. If you are unsure, get professional advice beforehand.

What does not count as cosmetic repairs?

Cosmetic repairs do not include structural alterations, repairs to the heating system or damage to the building fabric. Replacing floor coverings or sanitary fittings is usually not included either. This work is generally the landlord's responsibility as part of the general maintenance duty. A clear distinction protects tenants from excessive demands.

How can I avoid a dispute with the landlord?

Wear from normal contractual use – such as a usual number of wall plug holes or faded walls – is not damage but a matter of cosmetic repairs. Genuine damage such as burn marks or tiles that have been torn out, on the other hand, must be paid for by the tenant. This distinction often decides the deposit in a dispute. Record any damage in the report when you move in so that it is not attributed to you later.

What does this have to do with my move?

If you are moving, check the clause well before moving out, because renovation needs time between clearing out and the handover. We take care of the move itself – dismantling, transport, reassembly and disposal on request – and set the date so that there is enough buffer. Legal questions are for a tenants' association or a specialist lawyer; moving companies do not give legal advice. Plan for storage if needed.

Who can I turn to with questions about cosmetic repairs?

For legal questions, a tenants' association or a lawyer specialising in tenancy law can help; many tenants' associations check tenancy agreements for their members. For questions about the move itself, you can reach us on 01625978461. Also note the limitation period of six months after the end of the tenancy for reimbursement claims (§ 548 BGB). A tenants' association's membership fees are often lower than the cost of an unnecessary renovation.

STRESS-FREE MOVING

Cosmetic repairs: what applies?

Q: What are cosmetic repairs?

Cosmetic repairs cover typical maintenance work such as wallpapering and painting walls, ceilings, doors and radiators. They serve to remove signs of wear from normal use. They do not include major structural measures or repairs to the building fabric. Whether the tenant is obliged to carry them out depends on a valid contractual provision.

When tenants have to paint on moving out – and which clauses the Federal Court of Justice (BGH) has struck down.

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FROM BERLIN-MOABIT

Tenancy law when moving

Cosmetic repairs: what really applies when moving out

Guide

Unsere Firma is based in Berlin-Moabit (Stromstraße 21) and handles the move – the legal question is for the tenants' association.

By law, the landlord must keep the flat in a usable condition (§ 535 BGB); this includes cosmetic repairs (Schönheitsreparaturen) such as painting and wallpapering. They can only be passed on to tenants through a valid clause in the tenancy agreement. However, the Federal Court of Justice has struck down many standard clauses: rigid schedules of deadlines (2004), quota compensation clauses and renovation obligations for flats handed over unrenovated without compensation (both 2015).

Before you buy paint ahead of the move, it is therefore worth looking at the tenancy agreement and the handover report (Übergabeprotokoll) from when you moved in. If in doubt, a tenants' association (Mieterverein) or a specialist lawyer can check the clause. Anyone who renovated without being obliged to should act quickly: the tenant's claims for reimbursement become time-barred six months after the tenancy ends (§ 548 BGB). We take care of the move itself – more under Private move.

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PERSONAL CONSULTATION

Check the clause first, then move

Fixed price for the move after a survey

Whether you have to paint is settled by the tenancy agreement. We plan the move: call us on 01625978461, we survey the flat and then give you a fixed price with every item listed. The survey is free and without obligation, and we set the date so that there is time to paint before the handover.

Quotes available individually based on workload, scheduling and the desired scope of services.

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FROM BERLIN

What we take on when you move out

Moving yes, legal advice no

We are based in Berlin (Stromstraße 21) and, when you move out, handle dismantling, transport and reassembly, plus packing and disposal on request, so the flat can be handed over empty and broom-clean. Whether and how you have to renovate is a legal question: that is a matter for a tenants' association or a specialist lawyer, not the moving company. We are liable for your goods under § 451e HGB at €620 per cubic metre.

Handed over empty

Furniture and boxes are out on moving day, wall plugs and lamps removed by arrangement – the flat is ready for the handover.

Check first, then paint

Have the clause checked before you buy paint; many standard clauses are invalid, and nobody will pay you for work you were not obliged to do.

Date with a buffer

If you do have to paint, we schedule the move so that there is enough time between moving out and the flat handover for painting and drying.

Disposal included

On request we take old furniture, carpets or shelves away for disposal; this appears as a separate item in the fixed price. Nothing is left behind.

AT A GLANCE

Six rules from case law

These six points summarise what applies to cosmetic repairs in standard tenancy agreements under BGH case law. They are no substitute for legal advice, but they show where a closer look is worthwhile.

Landlord as the rule

Without a valid clause the duty stays with the landlord, because they must keep the rented property in a usable condition (§ 535 BGB).

Rigid deadlines invalid

Fixed renovation deadlines that ignore the actual condition put tenants at an unreasonable disadvantage (BGH VIII ZR 361/03, 2004) – the clause falls away.

Taken over unrenovated

Anyone who took over an unrenovated flat without reasonable compensation does not have to renovate (BGH VIII ZR 185/14, 2015).

Quota clauses invalid

Clauses that demand a pro-rata share of the costs when moving out before renovation is due are always invalid (BGH VIII ZR 242/13, 2015).

Colour choice during the tenancy

Standard clauses that prescribe particular colours during the tenancy are generally not permitted (BGH VIII ZR 224/07, 2008).

Act quickly

The tenant's claims for reimbursement of expenses become time-barred six months after the end of the tenancy (§ 548 BGB) – note the deadlines.

FOR SMALL LOADS

Small move-out, small price

Shared load for a few pieces of furniture

With a shared load, several consignments share the loading area on the same route. For individual pieces of furniture or boxes, this lowers the costs considerably. Plan the time window for collection and delivery so that the old flat is still empty and ready for the handover in good time.

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WELL PREPARED

Contract,
move-out, handover

Three steps to a clean handover

With cosmetic repairs the rule is: check the contract first, then plan the move-out, then hand over cleanly. Whether you have to renovate at all is explained in the article Renovating before moving out. How to document the handover is shown in the guide to the handover report. And if you want to know how to get your deposit back in full, there is a separate article on that in the guide too. The order stays the same: check first, then paint.

Check the contract

If your tenancy agreement has a clause on cosmetic repairs, check the deadlines, quotas and colour requirements as well as the condition when you moved in. If in doubt, the tenants' association can help before you put money and time into renovation.

Plan the move-out

If you have to paint, plan the work after clearing out and before the handover. With furniture transport on a fixed day and enough buffer until the handover, there is time for painting and drying.

Hand over cleanly

Walk through the empty flat with the landlord, record the condition in the handover report and take photos. Do not sign a list of defects you have not checked. Photos help later with the deposit.

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FAQ

Questions about cosmetic repairs

Definition, duty, quotas, deadlines, colours, condition on moving in and disputes – answered briefly.

Cosmetic repairs cover typical maintenance work such as wallpapering and painting walls, ceilings, doors and radiators. They serve to remove signs of wear from normal use. They do not include major structural measures or repairs to the building fabric. Whether the tenant is obliged to carry them out depends on a valid contractual provision.

When are cosmetic repairs owed at all?

In principle, cosmetic repairs are the landlord's job by law, as they are part of maintaining the rented property. Only a valid contractual agreement can transfer this duty to the tenant. However, the Federal Court of Justice (BGH) has declared many clauses used in the past invalid, such as rigid schedules of deadlines or flat-rate percentage clauses. If the clause in the tenancy agreement is invalid, the tenant does not have to renovate when moving out.

The condition of the flat when you moved in is also especially important: if an unrenovated flat was taken over, the tenant usually cannot be obliged to carry out a final renovation, even if there is a corresponding clause. It is therefore worth checking the original tenancy agreement and the handover report carefully. If you are unsure, get legal advice before starting any major renovation work.

Typical clauses and their validity

Tenancy agreements often contain so-called colour choice clauses that prescribe which shades must be used for painting. According to the BGH, standard clauses with colour requirements for the duration of the tenancy are generally not permitted. Quota clauses, which provide for a pro-rata share of the costs if you move out early, are also always invalid according to the BGH (VIII ZR 242/13, 2015). Tenants should therefore check carefully whether the clauses in their contract are legally valid at all.

Another frequent point of dispute is which work actually counts as cosmetic repairs. As a rule, this includes wallpapering, painting walls and ceilings, and painting doors and radiators. It does not include structural alterations or repairs to the building fabric. If you are unsure, have the tenancy agreement checked by a lawyer specialising in tenancy law before doing any work in advance.

What does the moving service cost me?

In short: 1-room flats cost from €369, 2-room flats from €609, 3-room flats from €879 and 4-room flats from €1,299. For a house or villa you always receive an individual quote tailored to your specific situation. For a long-distance move the price is from €3.80 per kilometre. The best way is to get advice without obligation during a free survey.

What makes a move cheaper or more expensive?

Larger volumes mean more work, as does a long distance (from €3.80/km). Without a lift, carrying to higher floors takes more effort. A reserved parking restriction zone (Halteverbotszone) makes things easier on site. The service can be extended with furniture assembly and a shared load.

Full range of services

You can book these services for your move-out.

Move with assembly – furniture assembled on site
Office move – smooth business relocation
Furniture transport – professionally packed
Private move – personally looked after
House clearance – disposed of in an environmentally friendly way
Shared load – combined with other routes

Moving after the handover

We are based in Berlin (Stromstraße 21) and handle moves within Berlin and from Berlin to other cities. More under Long-distance moves and in the locations overview.

Tenancy Law & Housing

Beste Umzug Redaktion

September 2, 2026

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