Demolition Duties 2025 for Tenants in Germany

Many tenants in Germany wonder whether and when they must remove parts of an apartment when moving out, such as fixtures, claddings or floor coverings. Demolition duties can be determined by the lease agreement, statutory rules or court decisions; it is often unclear who bears the costs and which deadlines apply. This text explains in plain language what tenants' rights and obligations are in 2025, how to use forms, how to document damages and how to act in a dispute. The guidance is aimed at tenants without legal expertise and names the competent courts and official sources. At the end you will find a short how-to, frequently asked questions and official links so you can act quickly.

What are demolition duties?

Demolition duties mean that tenants may have to remove or undo certain alterations to the apartment on moving out if this is contractually agreed or legally necessary. Basically, tenancy law in the Civil Code (BGB) regulates the main obligations of landlord and tenant, such as maintenance and use of the rented property^[1]. In case of doubt, the specific contract is decisive; clauses on fixtures, floors or built-in cupboards are often crucial.

When is demolition customary and who pays?

Whether demolition is required depends on three factors: lease clauses, the extent of the alteration and agreements at move-in. Minor changes that were carried out properly and without permanent damage are usually permitted. Interventions that change the standard of the apartment can trigger demolition duties or cost liabilities.

• A clear contractual clause often requires full demolition on moving out.
• For permanent alterations the landlord may demand restoration or compensation.
• Missing agreements often mean that normal wear and tear does not have to be undone.

Practical steps: documentation and communication

Good documentation reduces disputes: photos before and after changes, emails to the landlord and written agreements are important. Request written confirmations and record dates for demolition or inspections.

Forms and official steps

There is no nationwide "demolition notice"; however, relevant official forms exist if court proceedings or applications for legal aid become necessary. Important forms and procedures:

• Application for legal aid (Prozesskostenhilfe, PKH) – to request support for court costs if you cannot afford them yourself.
• Lodging a claim at the local court (Amtsgericht) – for eviction or cost disputes the landlord often files a claim and you must respond.
• Written agreement with the landlord – specify scope, deadlines and cost responsibility before work begins.

Rights and remedies in case of dispute

If you are unsure, first try an amicable solution: written offers for compensation, rent reduction or jointly hiring a tradesperson can help. If litigation occurs, the local court (Amtsgericht) is usually competent; higher courts like the regional court or the Federal Court of Justice (BGH) can decide fundamental legal questions^[2]. Legal aid can secure access to court for those in need^[3].

FAQ

1. Must I always remove alterations as a tenant?

No. Obligations to remove depend on the lease and the type of alteration; normal wear and tear is usually not subject to removal.

2. Who pays for the removal?

If the contract requires removal or the change is permanent, the tenant may be obliged; however, individual agreements are often possible.

3. What if the landlord suddenly demands removal?

Request a written justification, document the apartment and seek a clarifying conversation or legal advice. Check whether an amicable solution is possible.

How-To

1. Document the condition completely with dated photos before making any changes.
2. Obtain written consent or a demolition agreement with clear deadlines and cost expectations.
3. Hire qualified tradespeople and request invoices so work and costs are verifiable.
4. Inform the landlord in good time about planned demolition and schedule inspections.
5. If no agreement is reached, consider legal action and possible application for legal aid.

Key takeaways

• Clear contractual terms prevent disputes at move-out.
• Photos and invoices are decisive evidence in court.
• Seek early communication with the landlord and use official support services.

Help and Support / Resources

• Civil Code (BGB) - Tenancy Law (German)
• Federal Court of Justice (BGH) - Decisions
• Federal Ministry of Justice - Legal Aid (PKH)

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Bundesgerichtshof (BGH) Entscheidungen und Infos
3. [3] Bundesministerium der Justiz: Prozesskostenhilfe (PKH)