A beautification repair is a repair, with which the appearance of an article are only improved and superficial damage are repaired.

Housing rent

In Germany there are laws over beautification repairs with flat lets for rent. After the law in principle the landlord has to accomplish the beautification repairs:

"The landlord has to leave the renting thing to the tenant in a condition suitable for the stipulated use and to receive her during the Mietzeit in this condition." (see "§"§ 535 exp. 1, 538 BGB)

However in most leases the obligation is passed on for execution by beautification repairs to the tenant. Only if in the lease are no regulation over beautification repairs, is this thing of the landlord.

To the beautification repairs painting, limes and Tapezieren belong from the inside walls as well as ceilings, locking any the renewal of defective light switches and plug sockets, painting the floors, the heating element including the heater pipes, the internal doors as well as the windows and outer doors. Sanding off does not belong to the beautification repairs.

Beautification repairs may be accomplished by the tenant, if this happens expertly.

However each regulation is not binding to beautification repairs in the lease. The clause in the lease that beautification repairs "usually"… at the latest after three years"…" are owed, places in opinion of the higher regional court Duesseldorf (reference number: 10 U 70/02) a too rigid, the tenant inadequately disadvantaging regulation. The court decided, the entire agreement was ineffective. The landlord had to recondition at his expense.

One recognizes rigidity, invalid regulations by words like "at least" or "at the latest". Valid are usually rules, which work with "about" or "usually".

The iurisdiction to the topic is subject however to a constant change and is partially regionally different. Regarding clause control from form-moderate agreements to the assumption of beautification repairs by the tenant and in this connection agreed upon obligations and periods for their execution, by the Federal High Court (BGH) however recently the iurisdiction was continued to standardize, so that this is to be followed now also from untergordneten courts to.

From this rigid maturity regulations are thus ineffective. Because beautification repair clauses without a order do not result in a sense, the BGH explained such clauses now for altogether ineffective (BGH, judgement from 23 June 2004 - VIII ZR 361/03). A validity-receiving reduction of the clause on its remaining, still effective components leans the BGH thereby further decided off.

Articles in category "Beautification repair"

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