Cosmetic repairs
Dear lawyers,
I have been renting out an apartment since 2006. Now, after 3 years and 11 months, the tenant is moving out and believes (after allegedly contacting the tenants' association) that she only has to hand over the apartment in a broom-clean condition, meaning she would not have to renovate herself or contribute to the costs proportionally.
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I hereby inform you that the above-mentioned apartment will be handed over in a broom-clean condition by me. According to information from the German Tenants' Association and legal review of the rental agreement, I am not obligated to hand over the apartment in a newly renovated condition.
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Handing over the apartment in a "newly renovated condition" is also not, in my opinion, her obligation, but simply "her right" to carry out or have the renovation done completely and professionally - a voluntary decision (see 14.3).
She received the apartment new (first occupancy) and completely renovated. Now, the walls are basically colorful, partly wallpapered with striped wallpaper, or covered with posters, etc. I included the corresponding passage in the rental agreement in 2006 from the sample rental agreement on the website www.internetratgeber-recht.de. At that time, I added the following: ...in case of actual renovation needs. It reads as follows in the contract:
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14. Beautification repairs
14.1 The tenant is obligated to bear the costs for the beautification repairs that occur during the duration of the lease. These beautification repairs include in particular wallpapering and painting the walls and ceilings and painting the radiators.
14.2 The beautification repairs are to be carried out in case of actual renovation needs, calculated from the beginning of the lease, according to the following schedule:
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Kitchens, bathrooms, and showers every 3 years;
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Living and sleeping rooms, hallways, corridors, and toilets every 5 years;
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all other rooms and paintwork every 7 years.
14.3 If the lease ends before 5 years have passed and the last beautification repairs were carried out more than a year ago, the tenant only has to bear the proportionate costs for the beautification repairs to be carried out according to the schedule.
The tenant's share is calculated as follows:
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Kitchens, bathrooms, and showers: after 1 year since the last beautification repairs were carried out = 33%, after 2 years = 66% of the costs incurred;
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Living and sleeping rooms, hallways, corridors, and toilets: after 1 year since the last beautification repairs were carried out = 20%, after 2 years = 40%, after 3 years = 60%, after 4 years = 80% of the costs incurred;
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other ancillary rooms within the apartment: after 1
