Everything You Need to Know About Apartment Renovation Before Moving Out (Renovation Obligation)

What is meant by Renovierungspflicht?

Renovierungspflicht refers to the tenant’s obligation to carry out certain renovation or cosmetic works when moving out of the flat, for example:

• Repainting walls and ceilings

• Repairing small holes in the walls

• Replacing damaged wallpaper

• Thoroughly cleaning the apartment

Is renovation always mandatory?

No.
Under German law, the landlord is, in principle, primarily responsible for maintaining and renovating the flat.

However, some duties can be shifted to the tenant through clauses in the rental contract – but only if those clauses are clear, fair, and legally valid.

What is the position of German courts?

The Federal Court of Justice (Bundesgerichtshof – BGH) has ruled that general clauses which obligate tenants to renovate regardless of the actual condition of the flat are often invalid.

• If the tenant moved into an unrenovated (ungestrichen) flat, they usually cannot be forced to return it in a fully renovated condition.

• Clauses that impose rigid renovation schedules (for example, “must be painted every 3 years”) can be unlawful if they do not take the real level of wear and tear into account.

When is the tenant obliged to renovate?

A tenant may be required to carry out renovation works if:

• The rental contract contains a legally valid and clearly worded clause defining the tenant’s responsibility.

• The tenant took over the flat in a freshly renovated or newly painted condition.

• There are damages beyond normal wear and tear, for example:

  • large drill or dowel holes

  • permanent, heavy stains

  • deep scratches or damage to the flooring

Difference between normal wear and tear and damage to be repaired

• Normal wear and tear (Abnutzung):
  Minor scuff marks, slightly faded paint, small signs of everyday use – the tenant generally does not have to pay for this.

• Excessive damage:
  Large holes, deep scratches, broken tiles, heavy staining due to misuse – the tenant is usually required to repair these or bear the cost.

Practical tips before moving out

• Carefully read your rental contract and check for any renovation or cosmetic repair clauses.

• Fix small damages and holes in advance to avoid deductions from your security deposit.

• Take photos of the flat’s condition before handing over the keys to document your efforts.

• If possible, arrange a pre-handover inspection with the landlord to agree on the final condition of the apartment.

• Ask the landlord for written confirmation of the handover condition, ideally via a signed handover protocol (Übergabeprotokoll).

What happens if the tenant does not renovate?

• The landlord may deduct the cost of necessary repairs from the security deposit (Kaution).

• If there is a dispute, the matter may go to court, where the rental contract and the handover protocol are decisive in determining who is responsible.

Conclusion

Renovation obligations (Renovierungspflicht) when moving out are a delicate issue in Germany and depend heavily on the rental contract and the condition of the flat at the beginning of the tenancy.
By understanding your rights and duties, repairing minor damage in time and documenting everything, you can avoid costly disputes and improve your chances of receiving your full deposit back. Clear communication and good documentation support a smooth and fair handover.

The editorial team of the website strives to provide accurate information based on thorough research and multiple sources. Nevertheless, errors and uncertainties cannot be completely ruled out. Therefore, the information in this article should be regarded as an initial, non-binding orientation. For legally binding and final information, please always contact the competent authorities and professional advisory services.