Painting when moving out of an apartment is always a tricky subject; what’s considered damage, what’s your responsibility, and what might be covered by your insurance can get confusing.
This article helps clarify whether personal liability insurance can help cover these costs and under what circumstances you're obligated to repaint.
When does liability insurance apply?
Covered:
Accidental damage: If you unintentionally damage a wall, for example, by splashing wine or ripping wallpaper while moving furniture, your personal liability insurance will generally cover the repair.
Not covered:
Normal wear and tear: Marks from everyday use such as food stains in the kitchen or scuffs from furniture against the wall are considered expected use under German tenancy law (§538 BGB). This type of damage can’t be claimed with insurance.
Cosmetic repairs (Schönheitsreparaturen): Painting walls for the reasons mentioned above, touching up chipped paint, or filling screw or nail holes fall under cosmetic repairs. These are your responsibility if your lease includes a valid clause requiring you to do so.
When are you required to paint?
If your lease includes a valid Schönheitsreparatur clause, you may be required to repaint. However, many older or overly broad clauses (e.g. stating that repainting should be done every two years regardless of the condition) have been ruled invalid by German courts.
You may be obligated to repaint if:
Your lease has a valid clause
You received the apartment in a freshly renovated condition
You are not obligated to repaint if:
No valid clause exists in your lease, even if the walls show typical wear
To check the validity or legality of the clause in your rental contract, it's a good idea to consult a Mieterverein (tenants advocacy group) or a tenancy lawyer, your liability insurance can’t check that for you.
When can your landlord charge you for wall damage?
Landlords can charge you for actual, accidental damage, not for normal use.
They can:
Deduct the cost for repairs from your security deposit, or
Send you an invoice and request reimbursement.
In both instances, you should ask for an invoice with a full breakdown of the costs, materials and labor.
If you cause accidental damage outside of normal wear, make a claim as soon as possible. Waiting to make the claim after the money has been deducted from your deposit may leave you out of pocket.
Examples:
Max is moving out of his rental apartment and notices dark scuff marks on the wall from where his furniture had been placed. His rental contract has a valid Schönheitsreparatur clause.
In this case, he's obliged to repaint the apartment by his lease; however, his insurance won't cover the costs as the marks are normal wear and tear.
Leila drilled holes in the wall in her room to put up shelves. Her rental contract doesn't have a Schönheitsreparatur clause but her landlord wants to charge her for the repair.
In this case, the holes are considered normal wear and tear and not covered by insurance. As there is no obligation in her contract to repair these, her landlord shouldn't charge her for this. She can dispute these charges with her local Mieterverein (tenants advocacy group) or legal insurance.
Andrey carried his bike into his apartment and unintentionally made a deep scratch in the wall.
In this case, the damage goes beyond normal wear and tear. He can make a claim with his insurance and they can get in touch with his landlord to settle the claim on his behalf.