Beauty Repairs

Coloring of Wooden Components when Returning an Apartment

2009-02-17T17:38:45+01:00

Coloring of Wooden Components when Returning an Apartment

A landlord had, in his contract, the stipulation that when returning the apartment after lease the wood had to be in certain colors. The BGH decided on the validity of this clause in its decision of October 22, 2008 (re VIII ZR 283/07).

Demanding to Have Beauty Repairs Done

2010-08-21T11:32:48+02:00

Demanding to Have Beauty Repairs Done

Can a standard contract really obligate you to have somebody else carry out minor repairs and renovations at the end of a contract for an apartment? The verdict of the BGH of June 09, 2010 (re VIII ZR 294/09) gave the response.

Duty of “Beauty Repairs” for not Renovated Apartment at Renting

2008-11-07T23:15:21+01:00

Duty of “Beauty Repairs” for not Renovated Apartment at Renting

Tenants of a flat have to typically perform so called “beauty repairs” while they live there. What if it was not renovated at renting it?

Final Beauty Repairs When Leaving Apartment Standard?

2008-11-07T23:23:07+01:00

Final Beauty Repairs When Leaving Apartment Standard?

When it comes to beauty repairs in apartments in Germany, the structure of law is very close to Common Law because case law is the name of the game. A landlord wants to pass the costs for redecoration to his tenant through a special clause in his standard form contract. This clause was disputed and BGH ended the argument per judgment on September 12, 2007 VIII ZR 316/06).

Invalid Stipulation Changes only with Permission

2009-10-17T16:10:35+02:00

Invalid Stipulation "Changes only with Permission"

The Federal Court of Justice objected to a contractual provision in March 2007 that a tenant may only then vary from the previous condition when the landlord accepts it. This is another unreasonable hindrance for the tenant to live in an apartment as he likes (re VIII ZR 199/06).

Invalid Stipulation Neutral Colors

2009-10-17T16:14:29+02:00

Invalid Stipulation Neutral Colors

In June 2008, BGH overturned a contractual stipulation, that was to obligate a tenant to maintain the ongoing renovations with "neutral, covering, bright colors". It would be an unreasonable disadvantage for the tenant - so the court (re VIII ZR 224/07).

Is Whiting an Apartment Illegal

2009-10-20T10:29:15+02:00

Is Whiting an Apartment Illegal

Does a landlord have the right to demand that her tenant leaves the apartment white washed? The Federal Court of Justice had to decide on this question on September 23, 2009 (re VIII ZR 344/08).

No Surcharge for Invalid Beauty Repair Clause

2009-02-03T15:59:52+01:00

No Surcharge for Invalid Beauty Repair Clause

The notorious decision of the Federal Court of Justice, as reported, BGH answered this question on July 9, 2008 (re VIII ZR 181/07), ruled that stipulations governing a renovation with “fixed periods” are invalid. A landlord came up with the idea to demand a surcharge from his tenants when raising the rent. Is this valid or an illegal work-around?

Returning a “Smoked-in Apartment” to One’s Former Landlord

2008-11-21T00:53:20+01:00

Returning a “Smoked-in Apartment” to One’s Former Landlord

When smoking in your apartment, are you responsible for the tobacco stains from smoking when you return the apartment to the landlord? The BGH answered this question in its judgment of June 28, 2006 (re VIII ZR 124/05).

Rigid Periods for Business Spaces

2009-09-11T06:07:07+02:00

Rigid Periods for Business Spaces

While the BGH made a big splash with its judgment as reported in "Rigid Periods for Compulsory Interior Redecoration are Illegal" determining that clauses in the rental contract containing fixed periods are invalid. It now clarified the legal situation for business spaces on October 8, 2008 (re XII ZR 84/06). Do not forget that only residential contracts enjoy a high standard of protection.