There is often uncertainty about a tenant’s obligations when moving out of a flat. In this article, we explain what tenants need to look out for at the flat handover and which tasks they should take care of beforehand.
A scratch in the parquet, a crack in the washbasin or stains on the wallpaper: even minor damage can lead to a dispute when moving out of a flat. However, tenants only have to remedy damage that goes beyond normal wear and tear and
was also caused during their tenancy. In addition, there is usually an obligation to carry out cosmetic repairs (Schönheitsreparaturen). To protect yourself against existing damage, it is important to keep a detailed
record at the flat handover before moving in. Tenants should prepare just as thoroughly for returning the flat to the landlord. So what do you need to do to ensure the handover goes smoothly and your deposit is back in your account as quickly as possible?
Cosmetic repairs – the contract decides who has to do what
Cosmetic repairs are the number one topic for tenants when the end of the tenancy is approaching. The list of questions is long: Am I obliged to redecorate? Which damage do I have to remedy? Do I have to hire tradespeople to do the work? In principle, it is the landlord’s responsibility to redecorate their property, but in most cases they transfer this obligation to the tenant by contract. The tenant is then obliged to carry out cosmetic repairs before the flat handover. In practice, this means that the individual tenancy agreement determines the obligation to carry out cosmetic repairs. However, some general statements can be made. If the flat was not redecorated when you moved in, it can now be handed back without being redecorated. But if cosmetic repairs were carried out before you moved in, the tenant must now also carry them out, provided the tenancy agreement requires this.
Invalid clauses – which cosmetic repair clauses are invalid?
However, this only applies if the relevant clause in the tenancy agreement is valid. As the legal situation has changed continually over the years, there is a chance of an invalid clause, particularly in older tenancy agreements. If this is the case, the tenant is released from all redecoration obligations. If, for example, a landlord stipulates in the contract that cosmetic repairs must be carried out every three years – in other words within a rigid time frame and regardless of the actual condition of the rented property – the clause is invalid. Obliging the tenant to have any necessary work carried out professionally is not permitted either and invalidates the entire clause. If in doubt, however, you should always consult an expert who can assess whether a clause is valid or not.
Cosmetic repairs: what do they include?
Despite all the invalid clauses, a large proportion of tenants are obliged to carry out cosmetic repairs. But what does that mean in concrete terms? Roughly speaking, cosmetic repairs only cover work with paint and wallpaper and filling
drill holes. Sanding the parquet or replacing a fitted carpet, for example, are therefore not included. The landlord may not specify exactly which colour to paint with (another invalid clause!). Tenants therefore cannot be obliged to paint everything white before moving out. However, extreme colours such as dark blue or neon green are also off limits. The general recommendation is to use light, neutral colours. With plain white, of course, you can’t go wrong.
Final cleaning: how clean does it have to be?
Unless otherwise agreed in the contract, tenants must hand over the flat swept clean (besenrein). This means sweeping and removing any cobwebs. But making a little more effort doesn’t hurt: if everything looks great at first glance, the landlord is less inclined to look for small details. For example, it can be useful to also mop the floors, clean the windows or remove limescale from taps.
Handover report: putting the flat handover in writing
Once all the preparations have been made, nothing stands in the way of a successful flat handover. Important: just as when moving in, a detailed handover report should be prepared in duplicate. After the handover, both parties sign the report and each receive a copy. This ensures that no changes can be made afterwards. Don’t forget to have the return of all keys confirmed. If no defects are found during the handover, nothing stands in the way of the deposit being repaid promptly. The landlord may only retain a remaining amount to cover any additional service charge payments.