Moved Into an Unrenovated Apartment? Who Pays for Repainting at Move-Out

Many German rental contracts require tenants to repaint before moving out. But if the apartment itself was handed over unrenovated or clearly worn, that obligation usually doesn't apply at all, and the landlord can't deduct anything for it from the deposit.

The basic rule: moved in unrenovated, no renovation duty

In a ruling of 18 March 2015 (case no. VIII ZR 185/14), the Federal Court of Justice (BGH) decided that a standard-form clause transferring cosmetic repairs (Schönheitsreparaturen) to the tenant is invalid if the apartment was handed over unrenovated, or with clear signs of wear, without the landlord paying a reasonable compensation for that condition. The reasoning: otherwise the tenant would effectively have to fix wear left behind by the previous tenant too, beyond their own time living there.

What counts as "unrenovated"

What matters isn't whether the walls were freshly painted, but whether the flat showed wear at move-in serious enough that a new tenancy would obviously call for renovation, for example clearly visible marks on walls, ceilings, or floors. A handover protocol (Einzugsprotokoll) documenting the condition at move-in is therefore the most important piece of evidence if a dispute later arises over whether the clause is valid. Without one, the tenant generally carries the burden of proving the flat was handed over unrenovated.

What this means for the deposit

If the cosmetic-repair clause is invalid, the landlord can't deduct anything for it from the deposit, even if the flat looks visibly used at move-out. A deduction is only possible for actual damage beyond normal wear and tear, such as a hole in a wall or damaged flooring.

The exception: reasonable compensation at move-in

There's one exception: if the landlord pays reasonable financial compensation at move-in for the unrenovated condition, a renovation clause can remain valid. In practice this is rare, because such compensation has to be clearly documented in the rental contract.

What tenants should check now

Anyone billed for cosmetic repairs should first check the move-in protocol or their own photos from move-in day. Without those, witness statements or a written description made close to move-in day can help. When in doubt, getting advice from your local tenants' association before paying is worthwhile.

Conclusion

If an apartment was handed over unrenovated or with clear signs of wear, a standard-form cosmetic-repair clause is generally invalid following the BGH's 2015 ruling. A deposit deduction is then only possible for concrete damage, not for the flat's general wear and tear.

Frequently Asked Questions

Do I have to repaint if I moved into an unrenovated apartment?

Generally not. The BGH declared such standard-form clauses invalid in 2015 (case no. VIII ZR 185/14), unless reasonable compensation was paid.

How do I prove the apartment was unrenovated?

Most reliably with a handover protocol or photos from move-in day. Without those, witnesses or a written description made close to move-in day can help.

Can the landlord still deduct anything from the deposit then?

Only for concrete damage beyond normal wear and tear, not for the apartment's general renovation.

What if the landlord paid compensation at move-in?

Then the renovation clause can be valid. Check whether such compensation was explicitly agreed in the rental contract.

Anyone searching for a new place right after moving out can browse current listings on Waitly. For what a landlord may generally deduct, see What Landlords Can Deduct From Your Deposit in Germany. For what can still be billed beyond the deposit itself, see What a Landlord Can Bill After You Move Out. For the deadlines on reclaiming a deposit, see Statute of Limitations on Reclaiming a Deposit.