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> Apartment redecoration laws, Legal obligations on moving out     (edit)
Editor Bob
post Aug 9 2004, 9:26 am
Post #1

Joined: 24.Sep.2002
July and August traditionally see a mass exodus of foreigners out of Munich. These nomadic types either return to their homelands or move on to pastures new. Then in September and October there will be influx of fresh blood. If you're one of the folks that is leaving this Summer then you probably have to deal with terminating the rental agreement on your apartment. If so, you should be aware of a law which was recently confirmed through the German courts. It states that no matter what is written on your rental agreement, you are NOT obliged to pay for redecorations unless they are absolutely necessary. This is a victory for common sense. In the past landlords have demanded that outgoing tenants completely repaint the walls even though there is not a speck of dirt on them. ...

[img]http://www.toytowngermany.com/munich/rental_contract.jpg[/img]

Often the rental contract on an apartment will state that redecorations must be carried out after a certain number of years of use, or on moving out of the apartment. The figures usually given are three years for bathrooms and kitchens, five years for bedrooms and living rooms, and seven years for other less-used rooms. Such clauses, if written into your contract, are not legally binding. If the building does not need redecorating then there is no obligation to do it.

If you read German you can see the PDF file detailing the June 2004 court decision: Aktenzeichen VIII ZR 361/03

German word of the day: Schönheitsreparaturen (meaning: redecorations)

For information (in German) about your rights as a tenant, see Mietrecht FAQ, or Mietrecht für Mieter & Vermieter, or the local Munich pages of the Münchener Mieterschutzverein
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*Show'Em**
post Aug 9 2004, 9:41 am
Post #2

That is the best news I've read in weeks. Still glad that I will be backed up by my Mietverein.
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*George**
post Aug 9 2004, 10:27 am
Post #3

Ha! Only last Friday I was grumbling about having to repaint my walls after being in the apartment for more than 5 years.

In your face, Mr. Vermieter!
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*Bavaria Service**
post Aug 10 2004, 8:00 am
Post #4

If it turns out that you do need to repaint, and you don't want to do the work yourself, then Bavaria Service and Maintenance will be glad to help out. They are official TT advertisers and are known to do a good professional job.
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*Impressed**
post Aug 16 2004, 12:21 pm
Post #5

This story is published in today's AZ (16.08.04). Hats off to TT for being one week ahead of the local print press! ;-)
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Kazalphaville
post Jul 24 2007, 12:56 pm
Post #6

Joined: 5.May.2006
What if you didn't know about this new law and have recently signed a contract stating the redecoration stuff after so many years and also that, upon moving out, you will paper the walls with woodchip and paint them white?
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Freising
post Jul 24 2007, 2:57 pm
Post #7

Freising
Joined: 31.May.2007
Can´t see how this would help most expatriates. If the landlord still demands redecorating, you would have to go to court or you´d never see your deposit again.
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Darkknight
post Jul 24 2007, 3:00 pm
Post #8

Germany
Joined: 15.Oct.2004
First Post:

QUOTE (Editor Bob @ Aug 9 2004, 10:26 am) *
It states that no matter what is written on your rental agreement, you are NOT obliged to pay for redecorations unless they are absolutely necessary


QUOTE
Such clauses, if written into your contract, are not legally binding

@Freising
This is what the Mieterverein are for, stick them on your LandLord..

Mieterverein München
Sonnenstr. 10
Tel: 0 89/55 21 43-0
Fax: 0 89/55 45 54
Email: hausmeister@mieterverein-muenchen.de
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UrbanAngel
post Jul 30 2007, 9:12 am
Post #9

London
Joined: 8.Feb.2004
Is this right - if I leave my apartment after 1 year and 1 month, I don't have to paint the flat unless necessary? Who decides whether it is necessary or not?
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UrbanAngel
post Jul 30 2007, 3:07 pm
Post #10

London
Joined: 8.Feb.2004
I just got a free second to call the Mieterverein and they said it DOES depend on your contract, and as each contract is different, I should make an appointment with them so they can take a look and let me know.
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jaynes
post Apr 16 2008, 8:20 am
Post #11

Pullach, Munich
Joined: 8.May.2006
We leave in summer after living in this house for 1yr and 8 months.

Today my landlord says the whole house has to painted. The walls are white and except for a few patches (here and there caused by finger prints ) which I do agree have to be repainted the rest of the house is quite good.

Am I obligated to paint the whole house. He says he knows of a guy who can paint for- now hold your breath 3500Euros. Accdg to him if we go through others it may be cost us twice as much.

He knows i dont speak german, have a husband who is constantly traveling

Is my landlord trying to rip me off ?

PLEASE PLEASE HELP
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Allershausen
post Apr 16 2008, 8:39 am
Post #12

Allershausen
Joined: 20.Jun.2005
Try getting in touch with Huntcrest, who advertise on here and seem to get good reviews, maybe they can give you a quote.
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Mik Dickinson
post Apr 16 2008, 9:06 am
Post #13

Erding
Joined: 2.Oct.2006
3500 is bloody diabolical and he is more than likely taking a cut off this.Al depends on the size of the job but that price is extortionate.Know of someone that can do it a lot cheaper.
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Mik Dickinson
post Apr 16 2008, 9:06 am
Post #14

Erding
Joined: 2.Oct.2006
3500 is bloody diabolical and he is more than likely taking a cut off this.Al depends on the size of the job but that price is extortionate.Know of someone that can do it a lot cheaper, and he does speak German
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TexMunich
post Apr 16 2008, 9:08 am
Post #15

Fürstenried, Munich
Joined: 14.May.2007
Is the 3500 Euro more or less than your deposit? cool.gif
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jaynes
post Apr 16 2008, 9:17 am
Post #16

Pullach, Munich
Joined: 8.May.2006
Hi

Would you be able to give me the name of this person.

A friend of mine mentioned that the laws have changed recently and that it is no longer necessary to get the whole house painted if we have been living in it for a certain period (dont know the number ) of time

I am so frustrated - the landlord seems like a nice guy but i guess when it comes down to money it is a different story.

Thanks for your help
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jaynes
post Apr 16 2008, 9:19 am
Post #17

Pullach, Munich
Joined: 8.May.2006
3500 is less than my deposit

U are thinking whether he is trying to take away my deposit ?

We have kept the house in immaculate condition but i do feel that he is going to nitpick on little things knowingfully that i have no recourse
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TexMunich
post Apr 16 2008, 9:43 am
Post #18

Fürstenried, Munich
Joined: 14.May.2007
No. Actually I was thinking don't do anything and let him keep the deposit.

You may need to break out the video recorder and digital camera to document the move out condition in addition to a third party observer for your move out inspection. He may be a nice guy, but he could be trying to improve his rental property at your expense. You should protect yourself if you will be moving overseas - since he will not refund your deposit until after you leave. Read between the lines.

Mieterverein München
Sonnenstr. 10
Tel: 0 89/55 21 43-0
Fax: 0 89/55 45 54
Email: hausmeister@mieterverein-muenchen.de
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jaynes
post Apr 16 2008, 9:58 am
Post #19

Pullach, Munich
Joined: 8.May.2006
Why do you say he refund my deposit only after i leave
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jaynes
post Apr 16 2008, 10:00 am
Post #20

Pullach, Munich
Joined: 8.May.2006
What are the different ways i can protect myself
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