No German lease clause fails as often as the one on Schönheitsreparaturen – decorative repairs (repainting, wallpapering). Over two decades, the Federal Court of Justice has systematically dismantled landlords' boilerplate.
"The landlord must hand over the leased property in a condition suitable for contractual use and maintain it in this condition during the tenancy."
— § 535 (1) sentence 2 BGB (translated)
Decorating is therefore the landlord's job by default – only a valid clause shifts it to the tenant.
Invalid in particular
- Rigid schedules ("kitchen/bath every 3 years") – VIII ZR 361/03.
- Quota clauses (pro-rata payments at move-out) – VIII ZR 242/13.
- Colour rules during the tenancy ("white only") – at most permissible for the handback.
- Decorating duties in flats handed over unrenovated without fair compensation – VIII ZR 185/14.
Consequence of invalidity
A broken clause means the statute applies: the landlord decorates and the tenant owes nothing – not even a "reasonable" partial effort. For unrenovated handovers, the tenant may even demand half the decorating costs from the landlord once the condition has deteriorated substantially (VIII ZR 163/18).
Landlord's tip: use current, soft wording ("in general", "as needed") and record the handover condition in the protocol – otherwise the clause isn't worth its paper.