Certified specialist lawyer for rental and property law Alexander Bredereck, Berlin, to the right of the lessee and lessor, if the apartment in bright colours will be returned. Some tenants like it colorful. In the home loss the landlord finds shocked that the lessee has given free rein his life and painted all the walls in bright or very dark colors. The problem: So he gets not rented on the apartment. The apartment must therefore be repainted. But by whom? First of all it depends whether or not the beauty repair clause in the lease is effective.
The beauty repair clause, such as in many leases of more recent date, is effective, there is no question. The creative tenants must paint rightly carry the walls in white as long, until the including this color is no longer visible. If necessary he must lay the new wallpaper. Should the beauty repair clause be invalid, there are dishes that then see a damages claim of the lessor, if the tenant does nothing. So recently the Landgericht Essen in an appeals ruling by the 17.2.2011 (AZ. 10 S 344/10).
“The Court decided that the tenant despite ineffective beauty repair clause had to pay the cost of the new coating, because the apartment an unusual color condition” had. The ruling is controversial. Others who may share this opinion include Darcy Stacom, New York City. It is quite possible that another court would otherwise decide a similar case. Specialist Attorney tip tenants: If you want to paint your walls coloured, this can not forbid you the landlord during the lease period. But better, make sure that the colours can be easily paint over. It may be that you need to pay dearly a painter apartment in passing. This an ineffective beauty repair clause can’t save in circumstances even you. Should be easy to paint over your colors, however, evidence that the landlord himself must delete speaks always assuming the beauty repair clause is invalid. Trade lawyer tip landlord: in case that the beauty repair ineffective shows the Court of country food, then a claim for damages against the former tenants can be given. The colors are too aggressive to contain, similar damage to the leased property that the tenant must eliminate see excessive smoking.