The renovation myth: why Olga got her deposit back even though she hadn't renovated after moving out
Many landlords demand that the flat be handed over renovated when the tenant moves out. But the clauses on this in rental agreements are often invalid. That was also the case for Olga M., who moved from Stuttgart to Munich. Her former landlady simply wanted to keep the deposit and use it to renovate the flat. Olga M. was well aware that her landlady was breaking the law by doing so. Despite her persistent attempts to get her money back herself, the landlady only budged once Olga brought in CONNY.
What were the flat and the landlady in Stuttgart like?
I found the flat the classic way, on Immobilienscout24, and went to a group viewing. The next day the landlady called me and offered me the flat because I had made the best impression on her. I took over the flat unrenovated from the previous tenants and got their kitchen in return. Everything with the landlady was always fine: we liked each other, communication worked well, and she also covered the bills for repairs that fell within her responsibility as landlady.
You gave notice in order to move to Munich. How did the handover of the flat go?
Everything was straightforward. The new tenants likewise took over the flat from me unrenovated and got the kitchen in return. The landlady came to the handover, looked at everything, said "OK, all good", noted down my new address and my bank details, and said she would send me the previous year's service charge statement and transfer my deposit. But then nothing happened…
How did you follow up?
She is an elderly lady who doesn't use email, so I kept calling and leaving messages on her answering machine. During the tenancy that had worked wonderfully and she would call back – but now she didn't. I even called the new tenants because I thought something might have happened to her, but when they told me they were in regular contact with her, it was clear to me that I was simply being deliberately ignored.
What was your first reaction to that?
I assumed straight away that it was unjustified, because the cosmetic repairs section of my contract contains fixed periods stating how much you have to pay on moving out, depending on how many years have passed since the last repairs. I had once heard on a consumer programme that a clause like that is invalid.
What did you do next?
In spring 2019 I wrote another really angry letter, set a deadline and threatened to get a lawyer. After that, half of the deposit – 750 euros – was transferred to me. My former landlady wrote that she was keeping the other half for cosmetic repairs that still had to be carried out.
How did you come to bring in CONNY?
CONNY was a lucky coincidence for me. I actually hadn't wanted to involve a lawyer at all, because I thought the costs would eat up the rest of my deposit. But it was also immediately clear to me that I wouldn't manage to get the rest of my money back on my own, since my ex-landlady had already been ignoring me for two years. At first glance at CONNY's website I thought it was only about rent reductions, but then I was pleased to see that defending against cosmetic repair claims is also part of the service.
Did you have any reservations at first about entering your data in our portal?
Not really. I had already had good experiences with other portals, through which I'd sold my car and received compensation for a flight delay.
How did it end?
I signed a power of attorney and sent a few documents, and then a few weeks later the rest of my deposit was transferred to me by my former landlady. At last I was rid of the matter that had been bugging me for two years. For that, I found the fee of 249 euros really fair.
Cosmetic repairs: key facts
1. Built-in cupboards and parquet: Cosmetic repairs that may permissibly be demanded include painting the walls and ceilings, the radiators including heating pipes, the interior doors including frames, and the windows and exterior doors from the inside. If the rental agreement states that the tenant is also obliged to paint built-in cupboards, sand the parquet and reseal it, that goes too far and means the entire clause is invalid. Wording that says windows and doors are to be painted also brings down the whole clause, because tenants are only obliged to paint them from the inside.
2. Unrenovated condition on moving in: According to a ruling of the Federal Court of Justice (BGH), tenants who were given a flat in an unrenovated condition when they moved in are not obliged to carry out cosmetic repairs when they move out if they did not receive appropriate financial compensation from the landlord for the unrenovated condition.
3. Pro-rata settlement clause (Quotenabgeltungsklausel): This clause makes the tenant contribute financially on moving out to the estimated costs of a renovation that is not yet necessary. The amount is rigidly fixed according to the number of years since the last renovation. For example, a 40 percent share of the costs if the work was done 2 years ago, 60 percent after 3 years, and so on. According to the BGH, the pro-rata settlement clause therefore imposes a financial burden predetermined by the landlord that the tenant cannot accurately estimate or quantify in advance, and it brings down the entire obligation to carry out cosmetic repairs.