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Real Estate Law

Do I have to redecorate when I move out?

Many redecoration clauses (Schönheitsreparaturen) in tenancy agreements are invalid. How to recognise them, and why rigid schedules usually don't hold up.

Your tenancy agreement seems to clearly oblige you to redecorate when you move out — and yet it’s worth a second look. Many standard-form redecoration clauses are invalid, because they unreasonably disadvantage the tenant as a general term and condition (§ 307 (1) BGB). If the clause is invalid, your obligation to redecorate falls away entirely — the landlord cannot then fall back on some “reasonable” partial redecoration instead.

How I can help you

How to recognise invalid clauses

Standard-form redecoration clauses are invalid above all where they oblige the tenant to redecorate irrespective of the actual state of repair of the property. Typical pitfalls:

Each clause must be reviewed individually on its wording — blanket statements (“redecoration is never owed anyway”) are just as wrong as the assumption that every clause in a tenancy agreement is automatically valid.

If the landlord still demands payment

If a clause is invalid, the landlord must accept the property back as it stands. If they still demand redecoration costs, or set them off against the deposit, I review the specific clause and defend you against unjustified claims — for tenancies in the Ebersberg district as well as in the Rosenheim/Wasserburg area. Legal expenses insurance often covers the costs in a tenancy dispute; I submit the cover request on your behalf. More on the Real Estate Law page.

Have your clause checked before you invest in redecoration that you may not legally owe at all.

This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-06-22.

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