Renovation on moving out - what can and should be done?
More than 21 million people live in Germany as tenants. For various reasons, many of them have to leave their homes sooner or later, then they ask themselves the all-important question: Do I have to renovate now?
The tenants' world is divided into two parties: those with leases before 2008 and after 2009 . Before the BGH relieved German tenants with its judgment on the topic of cosmetic repairs, these were obliged to numerous renovations. In new contracts, dubious clauses may no longer occur, at least in theory. In practice, there are still incomprehensible, confusing and incorrect wording that invalidates this part of the lease. According to a statistic from the German Tenants' Association, the clauses on cosmetic repairs are 75 percent ineffective. The problem: many tenants do not know their rights. They buy tools and start the renovation, convinced that this is their job. Anyone who has already begun or has completed the renovation work, according to a judgment of the Federal Court of Justice of 27.05.2009 (ref .: VIII ZR 302/07) can reclaim his money.
Definition of cosmetic repair
According to BGB & sect; 535, para. 1, it is the landlord's responsibility to keep his property in good condition. However, he has the right to transfer cosmetic repairs by contract to the tenant. Permitted are repairs or renovations that result from the normal living of the tenant :
- painting or wallpapering walls
- Replacing the walls with plaster
- Painting radiators and heating pipes as well as doors and windows
These renovations must be done by tenants exclusively inside apartment . The landlord is responsible for other areas including, for example, a balcony or a cellar.
Clauses relating to cosmetic repairs that oblige tenants to undertake renovations, regardless of their length of stay, are ineffective:
- renovate after move
- change from Sanding carpets
- , sanding parquet flooring
Tenants should never make or pay for beauty repairs that they themselves do not "shabby" & ldquo;
When do renovations begin?
In principle, landlords are not allowed to set rigid deadlines for cosmetic repairs. Nevertheless, many rental agreements contain clauses indicating after which rental period these works must be carried out. Too short or rigid deadlines are inadmissible. If the intervals in the lease are at least & ldquo; or & # at the latest & ldquo;
The tenant is required to perform cosmetic repairs at least at X years of age.
... in bathroom, toilet and kitchen every two years
In order for a wording to be valid, it must have a
recommendation character : Basically, tenants should carry out renovation work inside the dwelling after moving out, if the state of the home Apartment requires.
The clause in the last example kills two birds with one stone: on the one hand it has a recommendation character, on the other hand, the landlord only requires a renovation, if it is necessary. And this is where most tenants fall into the trap. Landlords may demand renovations namely only if an apartment
in need of renovation is, or clear residential traces are to be found. Thus, there is no lump-sum obligation - to have to carry out a basic cleaning at tenant change. Exceptions apply to all rental agreements concluded before 2008. According to the Federal Court of Justice, the following renovation intervals are appropriate:
every three years for kitchens, bathrooms and shower rooms
- every five years for corridors, hallways, living rooms and bedrooms and toilets
- every seven years for ancillary rooms
- When must I do not renovate despite renovation clauses?
Tenants do not have to renovate or pay for renovations if they move out before the deadlines. Exceptions apply if an effective quota or compensation clause has been agreed in their
lease . In this case, tenants will have to pay for painting work, depending on when it was last renovated. Example: Renovation work is one year ago: Tenant pays 20 percent share
- Renovation work is two years back: Tenant pays 40 percent share
- Renovation work is three years back: Tenant pays 60 percent share
- Renovation work is four Years back: Tenant pays 80 percent share
- In practice, a
Compensation and Quota clause ensures that the tenant concerned does the renovation work for cost reasons. If there are fixed deadlines for the compensation and quota clause, this clause is also invalid and the renter does not have to pay or renovate. Artikelbild: © Andrey_Popov / Shutterstock