What Are My Rights as a Landlord for Unfinished Cosmetic Repairs?

Question from BigT, What Are My Rights as a Landlord for Unfinished Cosmetic Repairs?

Answer from AI:

As a landlord in Germany, you have certain rights and obligations when it comes to the maintenance and return condition of your rental property. Given the situation where your tenant did not complete the required cosmetic repairs by the end of the tenancy, here are some key points to consider:

Understanding Cosmetic Repairs

Cosmetic repairs typically include tasks such as:

• Painting walls and ceilings
• Repairing minor damage to walls
• Maintaining floors, windows, and doors

These repairs are usually the tenant’s responsibility if specified in the rental agreement. In your case, the rental agreement clearly states that the tenant must perform these repairs regularly and professionally.

Legal Framework

In Germany, the legal framework governing rental agreements and tenant obligations includes:

• German Civil Code (Bürgerliches Gesetzbuch, BGB): Sections 535 to 580a cover rental agreements, including maintenance and repair obligations.
• Case Law: Various court decisions have clarified the extent and enforceability of cosmetic repair clauses in rental agreements.

Steps to Take When Repairs Are Not Completed

Since the tenant did not complete the required cosmetic repairs, you have several options:

1. Document the Condition: Ensure you have detailed documentation of the apartment’s condition at the end of the tenancy. This includes photographs and a written report.
2. Provide a Deadline: Although an extension was not possible in your case, generally, landlords should provide a reasonable deadline for tenants to complete the repairs.
3. Hire a Professional: If the tenant fails to meet the deadline, you can hire a professional to complete the repairs.
4. Claim Costs: You can claim the costs of the repairs from the tenant. This may involve deducting the costs from the tenant’s security deposit or seeking reimbursement through legal action if necessary.

Legal Advice and Further Action

Given the specifics of your situation, it may be beneficial to consult with a legal professional to:

• Ensure compliance with all legal requirements
• Determine the best course of action for recovering repair costs
• Understand any potential legal risks or complications

For more detailed information, you can refer to the German Civil Code (BGB).

Conclusion

While you have the right to expect the tenant to complete cosmetic repairs as per the rental agreement, enforcing this right may require legal action. Consulting with a legal professional can provide personalized advice and help you navigate the process effectively.