Move-Out Cleanliness Guide for Tenants in Germany

As a tenant in Germany you often want quick clarity when moving out: what exactly does "besenrein" mean, what cleaning and repair duties apply, and how do you prove the condition? This guide explains in practical terms how to document move-out cleanliness with a photo check, which deadlines and handover formalities to observe, and how tenancy law (BGB)^[1] protects your rights. I describe clearly which steps are sensible before the handover, how to prepare a handover protocol and what to do about deposit claims or disputes in court. Concrete action steps, photo examples and notes on official forms help you avoid trouble and enforce claims.

What does "besenrein" mean?

"Besenrein" in practice means floors swept, coarse dirt removed, sanitary areas free of rubbish, but not necessarily professional cleaning or carpet shampooing. The exact scope can be in the tenancy agreement or agreed between tenant and landlord. If unclear, a written agreement or a handover protocol with photos is recommended.

Practical steps before handover

• Take photos and videos of the apartment state, room by room, ensuring visible dates.
• Carry out small repairs or notify the landlord in time (possibly with a deadline).
• Sweep the apartment thoroughly, check drains and remove rubbish; special cleaning only if contractually required.
• Prepare a handover protocol, describe the condition and reference photos.

How to perform legally secure photo checks

Take photos in daylight, from several angles, and include a reference object (e.g., a key or a dated smartphone screen). Order images chronologically and note place and time. Back up copies to the cloud or external media. If possible, provide the photos to the landlord together with the handover protocol.

Rights, deadlines and court steps

The main legal bases are in the BGB on tenancy obligations^[1] and the ZPO for court procedures^[2]. If agreement with the landlord is impossible, the local court (Amtsgericht) decides tenancy disputes; in higher instances the case can reach the BGH^[3]. Set deadlines in writing and request deposit repayment after handover before considering legal action.

FAQ

What exactly counts as "besenrein"?

"Besenrein" usually includes sweeping, removing coarse dirt and taking away rubbish; deeper cleaning is only required if agreed in the contract.

Can the landlord withhold the deposit for alleged poor cleaning?

The landlord can claim deductions but must prove defects; careful photos and a protocol reduce the risk of unjustified deductions.

What deadlines apply to claiming the deposit?

There is no uniform statutory deadline, but in practice you request repayment after the handover and review of the account; in disputes the ZPO may be relevant.^[2]

How-To

1. Take photos and videos: every room, document damages and meter readings with dates.
2. Perform repairs and cleaning or notify the landlord in writing with a deadline.
3. Create a handover protocol with signatures and photo references and keep a copy.
4. Request the deposit, set a repayment deadline, send a reminder if delayed and document everything.
5. If no agreement is possible, consider filing a claim at the local court and seek legal advice.

Help and Support / Resources

• [1] Gesetze im Internet
• [2] Zivilprozessordnung (ZPO) online
• [3] Federal Court of Justice (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof — bundesgerichtshof.de
4. [4] Federal Ministry of Justice — bmj.de