To what extent am I obligated as a tenant to carry out cosmetic repairs?
March 20, 2022 | 50,00 EUR | answered by Hans Krüger
Dear lawyer,
I am contacting you with a question regarding cosmetic repairs as a tenant. My name is Oliver Bittner and I have been living in a rented apartment for two years. Currently, my lease agreement states that I am obligated as a tenant to carry out cosmetic repairs. However, I am unsure about the legality of this obligation and which specific tasks fall under cosmetic repairs.
The current situation is as follows: My lease agreement states that I must carry out cosmetic repairs every five years. However, I am not certain if this clause is valid, as I have heard that there are legal regulations that protect tenants from extensive renovation obligations. Additionally, I have performed some minor repairs in my apartment over the past years and I am wondering if these also fall under cosmetic repairs.
My concerns are that I do not know exactly which tasks I must carry out as a tenant and which ones I do not. Furthermore, I am worried that I may have to bear high costs for renovation works that should actually be covered by the landlord.
Therefore, my question to you is: To what extent am I obligated as a tenant to carry out cosmetic repairs? Which specific tasks are included and are there legal regulations that protect me as a tenant? How can I ensure that I fulfill my duties as a tenant without having to bear unreasonable financial burdens?
I look forward to your expert advice and thank you in advance for your support.
Best regards,
Oliver Bittner.
Dear Mr. Bittner,
Thank you for your inquiry regarding cosmetic repairs as a tenant. I understand your uncertainties regarding your responsibilities and would like to assist you with detailed information.
In general, cosmetic repairs are measures for the maintenance and beautification of the rental property, which are usually carried out by the tenant. However, it should be noted that the effectiveness of cosmetic repair clauses in the lease depends on various factors. On the one hand, such clauses must be clearly and understandably formulated to be effective. On the other hand, there are legal regulations that are intended to protect tenants from excessive renovation obligations.
In your case, where it is stated in the lease that you must carry out cosmetic repairs every five years, it is important to check whether this clause meets the legal requirements. There are court rulings stating that clauses obligating the tenant to cosmetic repairs at fixed intervals can be ineffective. This depends, among other things, on whether the need for renovation of the apartment is decisive and not just the time elapsed since the last renovation.
Furthermore, it is important to clarify which specific tasks fall under cosmetic repairs. Typical tasks include painting walls and ceilings, painting doors and windows, as well as repairing minor damages. Minor repairs that arise during normal use of the apartment usually do not fall under cosmetic repairs, but are the responsibility of the landlord.
To ensure that you fulfill your duties as a tenant without having to bear unreasonable financial burdens, I recommend that you seek advice from a lawyer specializing in tenancy law based on your specific situation. They can assess whether the cosmetic repair clause in your lease is valid and potentially protect you from excessive renovation obligations.
I hope this information is helpful to you and I am available to answer any further questions you may have.
Sincerely,
Hans Krüger, Attorney at Law
