Built-in Removal at Move-Out: Tenants in Germany
When moving out, many tenants in Germany face questions about removing built-in fixtures: what must be removed, which rules apply in the lease, and which deadlines are important? This article explains in practical terms which types of built-ins are commonly affected (kitchens, shelves, built-in wardrobes), when the landlord can demand removal and how tenants can contest unwarranted claims. You will receive clear action steps for documenting fixtures, guidance on official forms and template texts, and tips for negotiating with the landlord. The aim is to present rights and duties clearly so tenants can act cost- and legally-safe.
What is included in removal?
Not every change to the apartment must be removed automatically. Typical cases are fully built-in kitchens, permanently mounted cupboards or floor-to-ceiling shelving systems. Whether wallpaper, floor coverings or lights must be removed often depends on the lease and the type of installation.
- Built-in kitchens (complete or permanently fixed parts)
- Permanently installed shelves and cabinets
- Installed stove and connection areas
- Partial floor coverings or special installations by agreement
Who pays and who is responsible?
Fundamentally, the obligations of tenancy law apply as set out in the BGB. Landlords can demand removal if the lease or case law imposes such an obligation; otherwise fixtures often remain with the tenant. Relevant are contractual agreements and the distinction between lasting alterations and simple decorations.[1]
Preparation: documentation and deadlines
Good documentation protects tenants. Create a handover protocol with photos and dates, record agreements on removal in writing, and check contractual deadlines for removals and defect notifications.
- Photos and condition report at move-in and move-out
- Written agreements on exceptions or takeovers
- Check deadlines for defect notices and remedial work
Concrete steps when removal is demanded
If the landlord demands removal, respond calmly: request a written demand with a deadline, document the condition and clarify cost responsibility before starting work. If there is a dispute, local courts and, if necessary, higher courts are responsible.[2]
FAQ
- Do I have to remove a built-in kitchen as a tenant?
- It depends on the lease, the type of installation and agreements; landlords can often demand removal if it is a lasting alteration.
- Who covers costs if removal becomes necessary?
- If the tenant made structural changes without permission, they may be liable for removal; for permitted modernizations the landlord usually bears costs.
- What if the landlord suddenly demands removal?
- Request a written justification and deadline, document the condition and consider legal steps; the local court (Amtsgericht) is generally competent for tenancy disputes.
How-To
- Check the lease for removal clauses.
- Create photo documentation before and after any work.
- Ask the landlord for a written demand with a deadline if removal is required.
- Obtain cost estimates and clarify liability in writing.
- If necessary, contact the competent local court or seek legal advice.
Key takeaways
- Leases often determine whether built-ins must be removed.
- Documentation reduces disputes and proves condition.
- Written deadlines and demands are crucial for enforcement and defense.
Help and Support / Resources
- BGB: tenant and landlord obligations
- ZPO: rules for court procedures
- Federal Court of Justice (BGH): decisions on tenancy law
