Tenancy law
Void clauses in a German lease: spotting the most common traps
Many German leases contain clauses that have been used for years, even though courts struck them down long ago. Knowing them means you don't pay for things you don't owe. Here are the most common void clauses and how to recognise them.
Why void clauses are so widespread
Many landlords keep using old contract templates. A clause that was once common may have been voided by a Federal Court of Justice (BGH) ruling without the template being updated. A void clause simply doesn't apply; it is replaced by the statutory rule, and the rest of the contract stays valid.
1. Cosmetic repairs with rigid deadlines
The classic. A clause requiring you to "repaint the kitchen and bath every three years and the living rooms every five" is void, because it sets rigid deadlines regardless of the actual condition. What matters is the condition, not the calendar.
2. Renovation duty after an unrenovated handover
If the flat is handed over unrenovated or in need of renovation and the contract still obliges you to do cosmetic repairs without adequate compensation, that clause is void under BGH case law (the leading ruling dates from 18 March 2015). Otherwise you'd have to return the flat in better condition than you received it.
Important: under a 2024 Federal Court of Justice ruling, you as the tenant must prove the flat was handed over unrenovated. Without proof, the clause counts as valid. So always make a handover protocol with photos at move-in.
3. Pro-rata settlement clauses
A clause that makes you pay a proportional share of cosmetic repairs that aren't yet due when you move out ("you pay 60 percent of the renovation costs") is void. Such quota clauses unreasonably disadvantage the tenant.
4. Minor repairs without a cap
A minor-repairs clause is generally allowed, but only with clear limits: a cap per repair (often around €100) and an annual maximum. If those limits are missing, or you're asked to pay a share of expensive repairs too, the clause is void.
A minor repair only covers parts under your direct use, such as taps or light switches. If the clause is void, the landlord pays for the whole repair, not just your share.
5. Unreasonable notice waiver
A mutual notice waiver of up to four years is allowed. A one-sided waiver against you only, or a waiver beyond four years, unreasonably disadvantages you and is regularly void.
6. Blanket pet bans
A blanket ban on all pets is void. Small animals like hamsters or fish are allowed anyway. For dogs and cats it comes down to a case-by-case balancing; a blanket ban doesn't hold up.
7. Admin and processing fees
A fee for administration or for drawing up the contract at the tenant's expense is regularly void in residential leases. A flat "processing fee" at move-in falls under this too.
8. Excessive cosmetic repairs at move-out
An end-of-tenancy renovation clause that obliges you to renovate regardless of condition is void if it sits alongside an ongoing renovation duty. That would be a double burden.
How to check your contract in seconds
These clauses often hide in the fine print, in language not built to be understood. Vimmo scans your lease with AI and flags risky or void clauses, with an explanation in plain language. So you know before you sign what you're actually signing.
Sources
This article is not legal advice. Vimmo provides AI-based estimates without warranty.
Frequently asked questions
What if I've already complied with a void clause?
If you renovated or paid based on a void clause, you may be able to claim compensation or a refund. It depends on the case; a tenants' association can help assess it.
Does a void clause invalidate the whole contract?
No. Only the affected clause is void; the rest of the contract remains. The statutory rule takes the clause's place.
Can I negotiate clauses before signing?
Yes. You may propose changes or ask for individual clauses to be struck. Whether the landlord agrees is another matter, but asking costs nothing.
Does Vimmo catch every void clause?
Vimmo flags the most common risk clauses and explains them clearly, but provides an AI-based estimate without warranty. For large sums or a dispute, legal advice is worthwhile.
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