Obligations of the landlord in the case of renovation

instagram viewer

Everyone who rents out an apartment should know their responsibilities. Basically, the maintenance and renovation obligation under tenancy law lies with the landlord. However, you can pass this obligation on to the tenant using the rental agreement. In doing so, however, you should observe the legal limits.

Landlords have the obligation to carry out cosmetic repairs and renovation work.
Landlords have the obligation to carry out cosmetic repairs and renovation work.

Obligations of a landlord when renovating according to German tenancy law

  • You should know the legal obligations that you generally have as a landlord.
  • They are after the German Tenancy law obliged to maintain the rented property. The law therefore requires you to have the renovation need to perform.
  • You can, however, impose the cosmetic repairs on the tenant if you have a legally effective clause in the rental contract arrange.
  • Cosmetic repairs are very often contractually imposed on the tenant. Unfortunately, legal requirements are not taken into account here.

This is how you contractually transfer the obligations to the tenant

  • As the landlord, you must insert a clause in the contract that imposes the renovation on the tenant.
  • Tenancy law: renovation when moving out - you should know that

    Anyone who quits the apartment must also think about the renovation when moving out. Because depending on ...

  • To do this, you should definitely avoid rigid clauses. Do not write in the lease that the tenant will, for example, use the bathroom and the bathroom every three years kitchen and has to renovate the living space every five years. This rigid clause is not binding according to current case law, as it does not take into account the actual wear and tear of the rental space. This is a violation of good faith. If you have such a clause in the contract, the cosmetic repair remains one of your landlord's obligations.
  • If the clause shows, however, that the tenant is required to carry out cosmetic repairs is obliged, as soon as this is necessary according to the degree of use of the room, the tenant must renovate.
  • A deadline regulation can be effective if this is a recommendation that addresses the condition of the apartment and takes it into account.

How helpful do you find this article?

click fraud protection