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Apartment delete with excerpt?Whether you have to cancel an apartment, if you move out of it, depends on the clause agreed in the lease.
Cosmetic repairs are by law the responsibility of the landlord. Only if the contract expressly states that these are to be carried out by the renter, he must do so.
What is meant by cosmetic repairs?
Cosmetic repairs or renovations are all things that have worn off over time in normal living and can be renewed with paint, wallpaper or plaster. Anyone who has signed this clause must wallpaper walls and ceilings, paint walls and ceilings and limescale and even paint radiators and heating pipes, doors inside the house and even window frames inside. The replacement of carpets or parquet floors to sand and seal is not one of them. You should not do these repairs anymore than you have worn yourself off. Complete apartment renewal, ie regulations that burden the tenant to extensive work, are always ineffective.
Lots of good information is provided by the brochure of the German Tenants' Association "Save Money on Moving".
Not every clause about beauty repairs is effective
The Federal Court of Justice (BGH) has passed numerous rulings in which the claims of the landlords were cut back. In general, the landlord must take care of the preservation of the apartment. In most leases, however, the obligation is passed on to the tenants. But it just has to be renovated,
if the scheme is valid in the lease. Without the regulation in the lease applies § 535 of the Civil Code and states that the landlord is in the obligation.
Cosmetic repairs must not be required under the latest legislation according to rigid deadlines. They must correspond to the actual renovation needs. Kitchens and bathrooms have to be painted every three years, living rooms, bedrooms and hallways every 5 years and ancillary rooms every 7 years. If a landlord requires renovation before the deadlines, he must prove that they need renovation.
Can deposit be withheld?
This depends on the clause in the lease. If there is a valid clause in the contract, must be renovated. If the tenant does not do so, the landlord can hire a painter and deduct the bill from the deposit. If the clause is ineffective, the landlord may not. The problem is that many landlords do it anyway. If you want your right, the bail must be taken to court. Many tenants are afraid of that, even though they are right.
When does the renter have to pay damages?
Not among cosmetic repairs fall, for example, red wine stains on light carpets, holes in the parquet, cracks in the enamel of the sink and scratch marks of pets in the parquet. With these defects, the landlord can claim for damages. If you're lucky, the tenant's liability insurance will cover the costs.
Help from the tenants' association
Anyone who is not sure whether the clauses in his lease are legal and who does not know whether he must now renovate, can turn with his lease to the tenants' association. However, you have to be a member to get help. Of course this includes the payment of a membership fee.