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Clauses in the Rental Contract – What Is Allowed and What Isn’t
Not every lease clause is valid – fixed renovation schedules or one-sided obligations are often legally unenforceable.
Freedom of Contract and Legal Limits
Under German tenancy law, the principle of freedom of contract applies: tenants and landlords can negotiate the terms of a lease freely. However, this freedom is limited. Certain legal rules, such as those on termination and tenant protection, may not be changed to the tenant’s disadvantage.
Deviations that benefit the tenant are permitted. But even changes to optional (dispositive) rules are invalid if they unreasonably disadvantage one party (§ 307 BGB). Such unfair terms are legally void and unenforceable.
Common Invalid Clauses
Many leases use standard templates that are outdated or no longer comply with current case law. The Federal Court of Justice (BGH) has declared several common clauses invalid.
Typical examples include:
- Cosmetic repairs: Landlords may require tenants to carry out minor repairs, but cannot demand that only professional craftsmen perform them.
- Final renovation clauses: Obligations to renovate upon moving out, regardless of the flat’s condition, are invalid.
- Fixed renovation intervals: Clauses requiring renovation at strict intervals (e.g., every 3 years) are only valid if flexibly worded (“usually every 3 years”).
If a clause is invalid, the tenant is not obliged to perform the specified tasks – even if the contract was signed.
Interaction of Multiple Clauses
Sometimes, even valid clauses become invalid in combination. For example, if a final renovation clause is combined with a regular renovation obligation, the cumulative effect (“Summierungseffekt”) can unreasonably disadvantage the tenant.
According to the BGH, both clauses then become entirely void. This means a tenant who has already renovated during the tenancy cannot be required to do so again upon moving out.
As a result, the entire section on cosmetic repairs loses validity, and the tenant no longer has any renovation duties during or after the tenancy.
Checking Rental Contract Clauses
Tenants should always carefully review their rental agreements, ideally before signing. Tenant associations, legal advice centers, or specialized tenancy lawyers can help identify unlawful terms.
This is especially important for vague or one-sided clauses. Many standard contracts still contain invalid terms, and understanding them can prevent tenants from assuming obligations they legally don’t have.
Frequently Asked Questions about Rental Contract Clauses
Can landlords require tenants to renovate?
Yes, but only under fair conditions. Fixed intervals or requirements to use professionals are invalid.
Do I have to renovate when I move out?
Only if there’s significant wear and a valid clause. Blanket obligations to renovate on departure are not permitted.
What happens if a clause is invalid?
It’s treated as if it doesn’t exist. The tenant doesn’t have to comply with it, even if the lease was signed.
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Clauses in the Rental Contract – What Is Allowed and What Isn’t
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