Moving out of an apartment without renovating

161 posts in this topic

all very confusing to me. A simple question...our place was painted fresh when we moved in (8 years back), now are we no longer obligated to renovate (paint)? I can't find clearly if this is the case or not.

1

Share this post


Link to post
Share on other sites

If your lease has fixed periods in which you have to renovate, no.*

If you lease merely says "bei Bedarf", in all probability, yes. I should think that eight years of wear and tear would take their toll.

 

*This was confirmed in my phone call with the Mieterverein yesterday.

0

Share this post


Link to post
Share on other sites

I'm moving out of my apartment after 3 years. It was freshly painted white when I moved in.

 

Am I obliged to have in freshly painted white when I move out?

Do I carry all the costs of this?

0

Share this post


Link to post
Share on other sites

thanks sara, if I spoke german I would know what the lease said and wouldn't have asked the question.

2

Share this post


Link to post
Share on other sites

You signed a document you didn't understand, why?

1

Share this post


Link to post
Share on other sites

Don't you know anyone who can look it over with you?

1

Share this post


Link to post
Share on other sites

 

thanks sara, if I spoke german I would know what the lease said and wouldn't have asked the question.

 

And if we could SEE the lease then WE could answer the question, because that is where the definitive answer is to be found...

1

Share this post


Link to post
Share on other sites

can anyone help me with some advice? I have lived in my aparment for 4yrs, when we moved in it was dirty and the kitchen and the bedroom needed new wallpaper we did this as well as cleaning, i had asked to paint and was told it was no problem, i asked if i needed to repaint upon moving out and was told no, that when we move out they would e renovating the whole apartment, also due to them wanting to renovate when we leave there was no deposit taken and states so on the contract. all my contract says (its in english)is month to month, 450euro cold and 30days notice from either landlord or tentant without a reason, and no deposit. Now that were getting ready to move in a few months she is telling me i have to renovate everything. I dont think this is fair since it doesnt not state it in my contract and we had verbally agreed it did not need to be done by myself. Does anyone know if im legally responsible for these renovations? any help would be great

0

Share this post


Link to post
Share on other sites

Join the Mieterverein.

Stick to the contract. Does it say anything about verbal agreements?

Are there witnesses to the waiver of any obligation to decorate? If so, good. If two of you are parties to the lease one can assign his claims and duties to the other, meaning he is no longer party and can act as witness.

Don't let her grind you down - she waived the obligation in a verbal contract.

1

Share this post


Link to post
Share on other sites

 

all my contract says (its in english)is month to month, 450euro cold and 30days notice from either landlord or tentant without a reason, and no deposit.

No deposit so what's to lose?

1

Share this post


Link to post
Share on other sites

No, they can still be charged if they damage the place, and we all know how easily German landlords find damage.

0

Share this post


Link to post
Share on other sites

It's not just German landlords - the more I've read stories on here (looking at what I'm likely to find when I move) the more I've been shrugging my shoulders thinking 'that's no different from my experience everywhere else.

2

Share this post


Link to post
Share on other sites

Really its totally opposite in my experience in the US. Painting was free after 6 months and aside from an occasional carpet cleaning, which in many places was also included after so long, I always got my deposits back. And if you left early and paid painting, they charged less for the whole place, then I was charged just for a bathroom ceiling here.

1

Share this post


Link to post
Share on other sites

Just got this advice from my Mietverein:

"Grundsätzlich ist zwar die in Para 8 des Mietvertrages enthaltene Klausel wirksam. Allerdings ist im Zusatzvertrag in Ziff. 3 eine Klausel wie folgt enthalten: " Sofern der Mieter Mieträume tapeziert, hat er in jedem Fall bei Beendigung des Mietverhältnisses die Tapeten zu entfernen und die Wände streichfähig zu übergeben". Hierbei handelt es sich nach der Rechtsprechung des BGH (WuM 2006, 308 und WuM 2006,310) um eine unwirksame Klausel. Denn auch das Beseitigen von Tapeten ohne neue anzubringen, ist eine Endrenovierung. Solche Endrenovierungsklauseln sind nur wirksam, wenn und soweit die währen der Mietzeit durchgeführten Schönheitsreparaturen berücksichtigt werden.

 

Gemäß der Rechtsprechung erfasst die Unwirksamkeit dieser Klausel die gesamte Regelung über die Schönheitsreparaturen mit der Folge, dass Sie grundsätzlich keine Durchführung von Schönheitsreparaturen schulden.

 

My German isn't crash hot, but am I right in understanding that this means we are off the hook in terms of having to repaint as our landlord has requested???

0

Share this post


Link to post
Share on other sites

Hey Guys,

 

I will be shortly vacating my apartment and today i had invited the guy from the company who owns our house to let me know what renovation work has to be done when i vacate the apartment. He wants us to paint all the walls white. We have painted our living room with a light brown colour which we were willing to paint it back in white. But all the other rooms are in very good condition, but yet he wants them all re-painted in white. And he wants us to pain the doors too.

 

I have attached a copy from my contract which states the "Schönheitsreparaturen" clause. Do i really have to paint all the walls white though they are in good condition??? Your views will be highly appreciated!

 

Cheers

 

 

post-94116-13001177257348.jpg

post-94116-13001177302328.jpg

0

Share this post


Link to post
Share on other sites

I've tried searching the fora for the answer to this but haven't found anything.

 

We are moving out of our apartment at the end of the three month notice we've given. What exactly are we required to do by law? Someone told us the re-painting requirement has changed recently. Is that true?

 

[adminmerge][/adminmerge]

0

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now