Move-Out Cleanliness: Tenants' Rights in Germany
When moving long-distance, the rule "broom-clean" at the handover is especially important. Many tenants in Germany wonder what obligations actually exist at move-out, how strictly landlords can insist on a broom-clean condition and how disagreements can be recorded as evidence. This guide explains in plain language what broom-clean typically means, which proofs count as evidence and which legal foundations under the BGB and procedural law play a role. You will receive practical steps for documentation, templates for handover protocols and guidance on when legal action at the local court is sensible.
What does "broom-clean" mean?
"Broom-clean" practically means that coarse dirt is removed and the apartment is handed over in a broom-clean state; it usually does not include deep cleaning or cosmetic repairs. Which obligations apply depends on the rental agreement and arrangements between tenant and landlord. Legal provisions on maintenance and duties can be found in the BGB §§ 535–536.[1]
Evidence preservation for long-distance moves
With a long-distance move it is often harder to organize witnesses or quick corrections. Planning and securing evidence are therefore crucial: create a handover protocol, take continuous photos with date stamps and record time and witness contacts.
- Photos (photo) with date stamps from multiple angles document the condition.
- Record the date and time (time) of each photo and the handover.
- Create a handover protocol (form) with meters, defects and signatures.
- Note contact details of witnesses or the moving company.
Rights and duties in disputes
If a dispute arises, the local court (Amtsgericht) is the usual venue for tenancy disputes; higher instances such as regional courts and the Federal Court of Justice may be relevant. The ZPO governs the procedure once lawsuits are filed.[2] Before filing a lawsuit, a request for remedy or a clarifying handover protocol can often lead to an amicable solution. Early legal advice can be useful to preserve deadlines and avoid loss of evidence.
Frequently Asked Questions
- Who pays for cleaning for broom-clean?
- Generally the tenant is responsible for agreed final cleanings; unclear contract wording should be discussed beforehand.
- Is a photo enough as evidence?
- Photos are important but should be supplemented by a signed handover protocol and timestamps.
- Can the landlord simply deduct from the deposit?
- Only for actual costs with receipts; in case of dispute the local court can decide.
How-To
- Before handover: Create a written handover protocol (form) with inventory and known defects.
- Take photos: room overviews and close-ups (photo) with date and time.
- Document date and time (time) of cleaning, delivery and key handover.
- Witnesses: record contact information (call) for witnesses or service providers.
- If necessary: set deadlines and consider legal steps (court).
Help and Support / Resources
- [1] German Civil Code (BGB) – Complete text
- [2] Code of Civil Procedure (ZPO)
- [3] Federal Court of Justice (BGH) – Case law on tenancy
