May 2000
Exit Signs
Fresh paint, clean carpets and money in the bank
In the past two issues, we have examined the conditions under which tenants and landlords may terminate a rental contract. Here, we look at the three troublesome “Ds” that arise upon moving out: decorating, damage and deposits.
When you move out, you must leave your apartment in an “appropriate” condition, at the latest by the morning after your lease ends. The apartment (plus cellar or loft) must be emptied of your personal effects, and you must return all keys to the landlord. You may take with you any fittings you have installed, such as cupboards or kitchen units. Indeed, your landlord can oblige you to do so. In either case, you must restore the apartment to its original condition.
Many disputes concern decorating (Schönheitsreparaturen). This covers painting or wallpapering walls and ceilings, painting radiators, inside doors, the inside of outer doors and window frames and, where appropriate, floors. The law entitles landlords to hold tenants responsible for these repairs, if this is expressly stated in the lease. If it is not, tenants must simply leave the apartment in a clean and tidy state (besenrein). Most leases, however, make the tenant responsible for decorating at specified intervals — often illegal because they are too short. The legal minimums are every three years for the bathroom, shower and kitchen; every five years for bedrooms, living rooms and halls; and every seven years for other rooms, doors, windows and radiators.
When you move out, you are responsible only for decorating due since you moved in or last decorated. Clauses that make you pay pro rata — e.g., for half of the cost of renovating the bathroom and kitchen if you have occupied the apartment only 18 months — may be valid. You cannot be made responsible for decorating both when you move in and when you move out, irrespective of how long it has been since you last decorated.
Tenants have the option of decorating themselves. However, the results must reflect a high standard of workmanship. Otherwise, your landlord can charge you for having to hire a professional to redo your work. Seek advice before starting decorations.
Damage (Schäden) is another common area of dispute. The cost of fair wear and tear (Abnutzung) — for example, on carpets — is included in your rent, thus no further payment should be due. It is therefore a myth that you must “leave the apartment in the condition in which you took it over.” On the other hand, any damage you have caused — such as burns or stains on carpets, or breakages — must be made good or paid for. After you move out, the landlord must settle up with you regarding the deposit (Kaution). Landlords may withhold all or part of this to cover outstanding costs for decorating, damage or unpaid service charges (Nebenkosten). Indeed, you may have to pay more. If you haven’t received your deposit after six weeks, you can write to your landlord and ask him to attend to the matter. However, it is advantageous to wait; after six months the landlord loses his right to withhold any of your deposit.
Advice is given by tenants’ organizations: Mieter helfen Mietern, Weissenburger Strasse 25, Tel. 444 88 20; Mieterverein München, Sonnenstrasse 10, Tel. 552 14 30.
