German rental law regarding tenant renovation obligations

Under German law, tenants may not be legally required to renovate an apartment upon moving out, despite common misconceptions. According to Paragraph 535 of the German Civil Code (BGB), landlords are generally responsible for maintaining a property in a contractually agreed condition, which includes performing cosmetic repairs.

An obligation for a tenant to perform these repairs can only be transferred through an explicit and legally valid clause in the rental agreement. If such a clause is missing or contains flawed wording, the responsibility for maintenance and cosmetic repairs reverts entirely to the landlord.

Cosmetic repairs, defined under Paragraph 28, Section 4 of the Second Calculation Ordinance (II. BV), specifically include interior painterly work such as wallpapering and painting.