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
- Reviewing your specific redecoration clause for validity
- Assessing whether you are obliged to redecorate at all
- Responding to cost claims raised by the landlord after you move out
- Negotiating with the landlord where a clause only partly holds up
- Representing you if the landlord asserts claims for compensation
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:
- Rigid schedules prescribing redecoration intervals by calendar year, without regard to the actual degree of wear
- Clauses that require redecoration irrespective of the condition of the property at the start of the tenancy — for example where the property was already unrenovated when handed over
- Requirements as to particular finishes, colours or the obligatory use of specialist tradespeople that leave the tenant no discretion
- Combinations of several clauses that, taken together, impose an unreasonable burden, even where each clause looks unremarkable on its own
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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