Final renovation clause
A final renovation clause is understood as a regulation in a rental contract for living space, according to which the tenant is obliged to hand over the rented space in a refurbished manner at the end of the lease. According to the basic legal concept, the landlord has to bear the wear and tear of the rented property associated with its intended use ( Section 535 (1), sentence 2 of the German Civil Code). The standard is, however, indispensable , so that the tenants can transfer the maintenance obligation to the tenant by mutual agreement.
Form agreements
In the case of a rental agreement for living space, a final renovation clause is not fundamentally inadmissible within the framework of a rental agreement. However, it can be ineffective, as it acts as a general terms and conditions of content control of §§ 307ff. BGB is subject. An unreasonable disadvantage, which leads to the ineffectiveness of the clause according to § 307 , exists if the tenant is obliged to renovate regardless of the time the cosmetic repairs were last carried out .
The final renovation clause is permissible if it assumes that the cosmetic repairs are necessary. If they are not yet necessary, a proportionate transfer of costs to the tenant can be agreed. As with the compensation clause for cosmetic repairs, the proportional pass-on of costs is not tied to rigid deadlines and / or rigid percentages, as this would also be an unreasonable disadvantage. A clause is flexible if the tenant can refer to the lack of or limited need for renovation.
If necessary, an ineffective final renovation clause can also eliminate the tenant's additional obligation to make cosmetic repairs, a so-called total ineffectiveness due to a cumulative effect .
Individual agreements
In the case of rental contracts for living space (apartments), it is seldom - but possible - that the landlord and tenant freely negotiate a final renovation clause. In this case, such a clause is effective.
The prerequisite for an individual agreement within the meaning of Section 305b of the German Civil Code ( BGB) is that the landlord is clearly prepared to change the clause in whole or at least in part and that the tenant can influence this. So the clause must actually have been negotiated. If the landlord provides the clause - even if it has been handwritten in the contract - it is, however, usually general terms and conditions . The landlord has the burden of proof that an individual agreement exists.
Individual evidence
- ↑ BGH, judgment of September 12, 2007 ( Memento of the original of May 1, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , File number: VIII ZR 316/06.
- ↑ Palandt / Weidenkaff, 68th edition. § 535 Rn. 43.
- ^ BGH, judgment of September 26, 2007 .
- ↑ Palandt / Weidenkaff, 68th edition. § 535 Rn. 43.
- ↑ Palandt / Grüneberg, 68th edition. Preliminary § 307 marginal no. 11.
