Defects that tenants must repair
If a tenant moves out, the landlord may insist that the tenant carries out some cosmetic repairs to the flat as part of a final renovation - provided that the tenant has accepted the flat in a renovated condition when moving in. The tenancy agreement must legally stipulate what this work is in the so-called ‘cosmetic repair clause’. This stipulates that the tenant must repair any signs of wear and tear in the flat before moving out.
Thanks to the clause, landlords can demand the following craftsmanship services for the final renovation in accordance with the Calculation Ordinance (Section 28 Paragraph 4 Sentence 3 II):
• paint walls and ceilings in a neutral colour, whitewash or re-paper with discreet wallpaper
• paint or varnish radiators including heating pipes
• paint, glaze or varnish the inside of windows, interior doors and exterior doors
• painting the floors
• make the flat swept clean, i.e. sweep or vacuum once and remove coarse dirt
If the tenant does not prepare the flat as contractually agreed, the landlord can claim compensation for the omitted cosmetic repairs at the end of the tenancy. However, if the tenant has taken over the flat in an unrenovated state, he may hand it over as it is without the landlord having a right to financial compensation for the traces of use left behind.

Defects that landlords must accept
Landlords, on the other hand, cannot expect a tiptop flat. They must tolerate normal signs of wear and tear. Even unprofessionally carried out cosmetic repairs are okay - as long as they do not fall below a minimum quality level.
• walls and ceilings: Sticky children's hands, pictures and cable mouldings leave unsightly marks on the walls. To cover these up, the tenant must use a paintbrush before moving out. However, they can do this work themselves and do not have to hire a professional painting company. However, landlords only have to accept the work if it has been carried out professionally. If the result is streaky or if colour runs ruin the overall impression, the tenant must make improvements.
• worn flooring: Furniture backs, penny heels or even spilt tomato soup - life in the flat does not leave its mark on parquet or carpets. The usual signs of wear and tear include pressure marks from heavy furniture, superficial scratches in the parquet and even footprints on the carpet. Tenants are not liable for these. The landlord is responsible for laying a new carpet in the flat or having the parquet sanded down if necessary. However, he may ask his tenant to pay for major damage such as burn holes.
• drill holes in bathroom tiles
Tiles are easy to clean and water-repellent - making them ideal as a bathroom wall and floor covering. However, the tenant often has to drill holes in the tiles to fit towel hooks, mirrors and shelves. If the bathroom is not equipped with sufficient fittings, the landlord usually has to accept a reasonable number of dowel holes. However, the tenant must carefully seal the holes with suitable material during the final renovation.