Renovation work painting
November 12, 2009 | 20,00 EUR | answered by Andreas Scholz
Dear Sir or Madam,
We are currently moving out of our apartment, which we took over without renovation and received two months rent-free in 2008. Now we are moving out for professional reasons, and the landlord has informed us that we need to prepare certain rooms because we have decorated them individually with color. She said that it should only be up to a certain shade of beige, otherwise it would need to be prepared. The rental agreement includes a clause in §16 1. The rental rooms must be returned by the tenant in a perfectly cleaned condition and free of subtenants, with all keys, including those provided by the tenant.
How should we proceed now, and is there really a clause that specifies a certain color tone cannot be exceeded? Do we have to paint now? Thank you very much.
Sincerely, Tamaschke
Dear inquirer,
from the clause you quoted, the landlord will not be able to demand repainting.
Furthermore, the following applies:
You received the apartment in an unrenovated condition. Even if the contract shifts the burden of cosmetic repairs onto you, the majority of case law does not consider you obligated to repaint. This is because the majority of case law deems clauses regarding cosmetic repairs to be ineffective if the apartment was handed over to the tenant in an unrenovated state. In that case, regardless of the wear and tear caused by the tenant, the tenant would be obligated to renovate (as seen in rulings by the Berlin Court of Appeals and the Higher Regional Court of Stuttgart).
Furthermore, an obligation to repaint would only arise if you had used an unusual color for decoration. What is considered unusual would be assessed by a judge in case of dispute. There is no rigid view in case law on this matter. Therefore, a beige color would still be acceptable, while exotic or extensive patterned paint might not be.
In conclusion, a claim for repainting does not arise from any possible cosmetic repair clauses in the lease agreement. According to the majority of case law, these clauses are ineffective if the living space was rented out in an unrenovated condition. Therefore, a claim for repainting would only be considered if your paint job goes beyond what is acceptable. Whether this is the case in your situation would ultimately be judged by a judge upon inspection. There is no clear guideline on what color tone is acceptable and what is not. It would simply be a matter of judicial discretion, taking into account customary practices in residential lease relationships.
I hope this information has been helpful to you. I also recommend visiting the local tenant association with photos of the paint job. They can advise you on whether your paint job needs to be redone or not.
Best regards,
Andreas Scholz, Attorney
