Assessing Parquet Damage for Tenants in Germany
As a tenant in Germany it is important to assess parquet damage objectively: not every scratch leads to an obligation to pay. This article explains step by step how to document damage, distinguish between normal wear and damage caused by user behavior, and which deadlines and forms are relevant. I describe simple evidence preservation steps, possible landlord claims and your rights regarding rent reduction or claims. The guidance is practical so that non-lawyers understand when repairs must be paid, when the deposit may be affected and when talking with the landlord or involving the local court is sensible. Read on for clear action steps.
What are parquet damages?
Parquet damage ranges from light scratches to swollen boards after water exposure. In general: landlords must maintain the rental property in a condition suitable for contractual use; the legal rules are found in the BGB (e.g. landlord duties).[1] Whether a tenant must compensate depends on cause, extent and agreed cosmetic repairs.
Common types of damage
- Scratches from furniture or pets.
- Water stains or swelling after moisture ingress.
- Heavy wear in high-traffic areas such as entrance or kitchen.
- Color-mismatched repair spots due to improper patching.
How tenants should classify parquet damage
As a tenant proceed systematically: document extent, time and cause; collect photos and receipts for cleaning or care; inform the landlord in writing and set reasonable deadlines; keep copies of all correspondence.
- Photograph the damage in daylight from several angles with a scale (ruler or tape measure visible).
- Record date, time and a short description of circumstances (e.g. water damage, moving furniture).
- Keep invoices from specialists or receipts for replacement parts as proof of costs incurred.
- Notify the landlord in writing and request a written response within a reasonable period.
Important forms and templates
Many steps can be done without specific forms (e.g. photos, emails), but official forms are needed for court steps or the payment order procedure. Examples and uses:
- Claim form for the local court – used when a landlord demands compensation or you want to assert claims; submit the form to the competent Amtsgericht.
- Payment order application (Mahnbescheid) – useful for undisputed claims; official forms are available for this procedure.
- Written defect notice to the landlord – often informal but including date, description and a deadline (e.g. 14 days) is practical and verifiable.
For court procedures the Code of Civil Procedure (ZPO) sets specific rules on deadlines and service.[3]
FAQ
- Who pays for parquet damage?
- Generally the person who caused the damage bears the costs. Courts distinguish between normal wear and culpable behavior; check your rental contract and the statutory rules in the BGB.[1]
- Can the landlord use the deposit for parquet damage?
- Yes, the landlord may offset valid compensation claims against the deposit, but only for proven damage and not for normal wear.
- Where to bring disputes about compensation?
- For disputed claims the local court (Amtsgericht) is the first instance; appeals go to the Landgericht and possibly the Federal Court of Justice (BGH).
How-To
- Photograph the damage immediately and describe it (date, location, circumstances).
- Check the rental contract for clauses on cosmetic repairs and care obligations.
- Notify the landlord in writing with a deadline and request a statement.
- Collect quotes or invoices for a realistic cost estimate.
- If no agreement is possible, consider the payment order procedure or filing a claim at the local court.
Key takeaways
- Not every scratch is compensable damage.
- Documentation and deadlines are decisive for success.
- Many disputes can be resolved by communication without court.
Help and Support / Resources
- BGB §535 — Duties of the landlord
- Justizportal — information on local courts and forms
- Code of Civil Procedure (ZPO)
