Who has to renovate the apartment according to tenancy law? Who is responsible for renovating the rented apartment?
Section 535(1) of the German Civil Code (BGB) stipulates that one of the landlord’s primary obligations is to hand over the rented apartment to the tenant in accordance with the contract and to ensure that this condition is maintained during the rental period.
Nevertheless, under certain conditions, it is also possible to oblige the tenant to renovate the apartment.
But when is there a Bathroom Renovations renovation obligation for whom? What renovation work does the landlord have to undertake? When can the renovation be transferred to the tenant in the rental agreement? And who actually pays the renovation costs for the apartment? You can find out this and more in our guide.The most important information about renovation
Is the renovation during the rental period and when moving out compulsory?
Tenants can be obliged to renovate by an effective clause in the lease. This applies exclusively to cosmetic repairs. Without such an agreement, the renovation obligation is the sole responsibility of the landlord.
Are there any deadlines for renovation?
If renovation periods are specified in the lease, tenants only have to comply with them if there is actually a need for renovation after the deadline. The same applies to a renovation when moving out of the rented apartment.
What happens if tenants don’t renovate?
If a tenant does not comply with his renovation obligation, the landlord can assert claims for damages. In case of doubt, tenants should seek advice from a tenants’ association regarding the obligation. Do you also wonder if you are even legally obliged to carry out cosmetic repairs? Further guides on the subject of “Renovating”
Literature on tenancy lawRenovation: What are cosmetic repairs?
When talking about renovation in tenancy law, so-called cosmetic repairs are meant. This refers to measures for the repair of the leased property, which serves exclusively decorative purposes. § 28 (4) of the Second Calculation Ordinance (II. BV) specifies exactly which work is involved:Wallpapering, painting or liming of walls and ceilingsPainting of floors and radiators, incl. heating pipesPainting of interior doors and the insides of exterior doors and windows
In addition, work that must be carried out in preparation for the measures listed above also counts as cosmetic repairs. This includes, for example, the removal of dowels and the sealing of the boreholes.When is the tenant obliged to renovate? BGB: According to tenancy law, the renovation is the responsibility of the landlord. But tenants can also be obligated.
The Civil Code stipulates that the obligation to renovate lies with the landlord. However, this is a mandatory right. This means that the legal provisions can be deviated from by a contractual agreement.
Thus, it is possible to stipulate in the lease that the tenant is responsible for the cosmetic repairs. It is usually determined that the renovation must be carried out either when moving or after a certain period of time.
There is therefore only a legal renovation obligation for the landlord if there is no corresponding clause on cosmetic repairs in the lease – or if this is invalid. In fact, this is not so unlikely. Renovation by the tenant: When is the lease clause ineffective?
In principle, it is legitimate to transfer the obligation to renovate to the tenant. However, the clause in the lease may also be invalid under certain conditions and thus release the tenant from this obligation:Rigid renovation periods for the rented apartment: If a lease stipulates that the tenant must carry out cosmetic repairs at certain intervals, e.g. every three years, this is usually inadmissible. In principle, a renovation only has to be carried out if there is a real need. Thus, tenants do not have to renovate the rented apartment even after expiry of the deadline despite the corresponding agreement, if it does not show any significant signs of wear and tear by then.Final renovation when moving out: Tenants are often required to renovate the apartment at the end of their rent. But here, too, the cosmetic repairs only have to be carried out if there is actually a need.Moving into an unrenovated apartment: If the tenant has already been handed over the rented apartment not renovated, the renovation clause in the rental agreement may also be invalid. This is especially true for short rental periods, because a tenant cannot be obliged to return the apartment in better condition than he took over.Renovation by professionals: If the rental agreement stipulates that the renovation work in the rented apartment may only be carried out by professional craftsmen, the cosmetic repair clause is invalid.Color specifications for renovation: As long as the tenancy exists, the landlord can not prescribe in which colors the tenant paints his walls or which wallpaper he sticks. When returning the rented apartment, however, it can be determined that the decoration must be kept neutral in color.When are tenants allowed to renovate? If tenants want to carry out a major renovation, they need the consent of their landlord.
Tenants do not always carry out cosmetic repairs because they are obliged to do so. Often they themselves feel the desire to make a renovation and adapt the apartment to their individual requirements.
Work that can be easily reversed when moving out and that does not represent a structural change may be carried out without the consent of the landlord. These include, for example, wallpapering, painting or drilling holes.
However, in the case of larger measures, such as .dem installation of sanitary facilities or the installation of partition walls, the landlord must give his consent before the renovation can be carried out. The costs for these voluntary construction measures must be borne by the tenant. Do you also wonder if you are even legally obliged to carry out cosmetic repairs? What happens if the tenant does not comply with his obligation to renovate?
If the clause in the lease that transfers the renovation obligation to the tenant is effective and he does not comply with this obligation, the landlord can assert a claim for damages. In this case, he carries out the cosmetic repairs himself and sues the tenant for payment of the renovation costs of the rented apartment.
If a rent guarantee has been concluded, the guarantor can also be obliged to pay if the tenant is unable to do so.
However, it is not permissible for the landlord to refuse to return the rented apartment if the tenant has not fulfilled his renovation obligation. Renovation of the rental apartment by the landlord
The statutory landlord’s obligations include renovation, i.e. the maintenance of the rented apartment. As already explained, work defined as cosmetic repairs by § 28 Abs. 4 II. BV can be transferred to the tenant with a corresponding clause
However, other repair measures must in any case be taken over by the landlord, which the tenant can also assert if necessary. In general, the actual condition of the object in question is decisive here; there are no fixed renovation periods. When does the landlord have to renovate the apartment?
Questions such as “After how many years does the landlord have to renovate the bathroom?” can therefore at best be answered with a shrug of the shoulders. If, for example, the tiles are broken or the bathtub is roughened in such a way that it can no longer be used, this sometimes justifies a repair after two or three years. If, on the other hand, the bathroom is still fully operational after 20 years and the tenant only wants more modern equipment, he cannot demand renovation from the landlord. When or what does the landlord not have to renovate?
