Germany is a country of renters; according to the Federal Statistical Office, the majority of German households live in rented housing. Even though they don’t live in their own homes, most renters still want to decorate their apartments a little to suit their own tastes. This often leads to conflicts with the landlord, since the landlord must, of course, approve any structural changes. But what exactly counts as a structural change that requires approval?
“Whenever you alter the building’s structure, that constitutes a structural change,” according to the property owners’ association Haus & Grund Deutschland. This means that, ultimately, even a nail hammered into a wall counts as a structural change. In practice, however, according to Haus & Grund, hammering in nails or anchors is permitted even without the landlord’s approval, since hanging a picture or a shelf on the wall is considered normal residential use. But anything beyond that should be discussed with the landlord. And this applies not only to major alterations, such as installing or removing partition walls or creating an opening in a wall, but also when the tenant wants, for example, to replace the tiles in the bathroom or install a peephole. Removing the bathtub and installing a whirlpool in its place is also not automatically permitted, because this typically involves altering the building’s structural integrity.
In principle, the landlord is free to reject the tenant’s renovation plans—after all, it’s the landlord’s property that the tenant wants to work on. But even if the landlord agrees to a modification, the tenant shouldn’t just go ahead and start. It is strongly recommended that everything be put in writing to provide certainty for both parties. In addition, once the landlord has given consent to the structural changes, other issues should be clarified. Obtaining written confirmation from both parties in advance prevents any unpleasant surprises—namely, what happens to the renovations after the lease ends and who is responsible for the costs of any necessary restoration.
There is also the option for the tenant to post a security deposit that can be used to cover any damages or the cost of restoration. This could serve as a compromise, for example, if the landlord is hesitant to approve the tenant’s plans. While screw holes and similar minor cosmetic repairs in the walls can be fixed quickly and inexpensively, the process can become more involved in the case of a drywall partition intended to add an extra niche to the apartment.
Now, not every tenant plans to put up a partition wall or install a hot tub in their apartment—but what is relevant for many is painting the walls. When it comes to color, the tenant is free to choose whatever they like. However, upon moving out, they must return the apartment in a neutral color scheme, as the German Tenants’ Association explains. However, tenants are not required to repaint the rooms simply because the landlord does not like the color choice. An exception applies only in extreme cases of color schemes. A light green marbled hallway wallpaper, for example, does not constitute an eccentric color scheme. Generally, anything that does not alter the building’s structural integrity is permitted. In addition to painting the walls, this includes, for example, installing a built-in kitchen or laying carpet. If the tenant wants to glue the carpet to the floor, however, they should be aware of the very stubborn adhesive residue that they will have to remove later when moving out.
When in doubt, the rule is: As a tenant, you’re always on the safe side if you consult with the landlord first.
