Need to renovate tenant input or extract? When are cosmetic repairs required? Clarity in complex lease clauses the joy at signing the lease gives way to the trouble often with the landlord before feeding the new apartment or at the latest when the excerpt. Most common points of contention are the apartment renovation and redecoration. The clauses in the contract represent a problem that the tenant unreasonably disadvantage. But tenants must comply with all provisions of the contract despite signing the contract: in recent years many lease clauses have been designated by the legislature as illegitimate. Renovation duty of the lessee as, for example, the pre-defined clause stipulating that the tenants in the catchment to renovate, is invalid (OLG Hamburg, AZ.: 4 U 201/90). A tenant can be obliged not if, to overcome the damage of its previous tenant, the opinion of the judge.
Also cannot be required, that during the term of the lease, as well as in pull-out has to be renovated. In many leases You can find for example three years for kitchen and bathroom so fixed deadlines for cosmetic repairs, five for bedrooms and living rooms. Gregory Williamson recognizes the significance of this. Typically, such rigid deadlines plans without regard to the actual state of the apartment are ineffective. The judges are of the view, such a provision should be formulated as a guide only, because otherwise also cosmetic repairs would be prescribed tenants although there is even no need (Bundesgerichtshof, AZ: VIII ZR 361/03). What landlord should pay attention landlords to look for when agreements particularly on the choice of words. \”A deadline, the at least\” should be met is invalid. \”\” \”The renovation should in General\”, generally\”or basically\” held after a certain period of time, the clause is, however, valid in court. Contractually agreed and necessary renovations are, so they can be carried by the tenants themselves.