End Renovation: Tenant Rights in Germany

Many tenants in Germany face end-of-tenancy renovation claims that often lack a clear legal basis. In this article we explain in plain language which obligations landlords and tenants have, how to document unjustified claims with photos and protocols, and what steps are possible in a dispute before the local court. We list relevant sections of the BGB, show common forms for lawsuits or objections and provide a step-by-step guide on how to secure evidence and meet deadlines. We also explain which photos and handover protocols judges expect, how long typical deadlines run and when going to court makes sense. The goal is that you as a tenant can fend off unreasonable costs and act confidently.

Legal framework

The basic rules on tenancy contracts and maintenance or cosmetic repairs are in the German Civil Code (BGB)^[1]. The procedural rules for court proceedings are in the Code of Civil Procedure (ZPO)^[2]. Not every renovation clause in a lease is valid; many rigid formulations are prohibited by case law.

Obligations of landlords and tenants

• Landlords: maintenance obligations for heating, sanitary facilities and structural parts of the apartment.
• Tenants: normal care duties during tenancy; contractual cosmetic repair clauses only apply if the clause is valid.
• Burden of proof: landlords must demonstrate damages and the necessary costs to charge tenants.

Collecting evidence: photos & protocols

Good documentation is crucial. Take dated photos, secure the handover protocol and collect repair and material invoices. Record phone calls and save emails.

• Photo documentation: detailed images of affected areas with date stamps.
• Handover protocol: jointly signed descriptions of defects at move-in and move-out.
• Correspondence: keep emails, inquiries and cost estimates together.
• Invoices and receipts: keep original invoices for repairs or cleaning.

Forms and deadlines

If the landlord issues a claim, request supporting documents and deadlines in writing. For court action, use the complaint forms and guidance available from the competent local court and the court portal at justiz.de^[3]. Pay attention to limitation and response deadlines stated in the claim.

• Written request: ask the landlord for itemised cost evidence and a deadline for response.
• Check deadlines: respond within the given timeframe to avoid legal disadvantages.
• If necessary, file a claim: if no agreement is reached, consider filing evidence with the competent local court.

If it goes to court

Claims usually start at the local court (Amtsgericht), appeals go to regional courts and the Federal Court of Justice (BGH) decides on fundamental questions. Judges expect clear evidence (photos, protocols, invoices) and transparent cost calculations.

FAQ

Do I have to renovate when I move out?

No. Whether you must renovate depends on valid contractual clauses and case law; many blanket clauses are invalid.

How do I secure photos as evidence?

Take photos from multiple angles with date stamps and context. Keep copies in the cloud and retain original files.

Which authority handles tenancy disputes?

Usually the competent local court (Amtsgericht) handles tenancy cases in the first instance; higher instances are regional courts and the Federal Court of Justice for fundamental issues.

How-To

1. Take detailed photos of all disputed areas immediately.
2. Create a handover protocol or supplement an existing one in writing.
3. Request supporting documents and a response deadline from the landlord in writing.
4. If no agreement, submit evidence to the competent local court or seek legal advice.

Help and Support

• BGB online (gesetze-im-internet.de)
• Federal Court of Justice (bundesgerichtshof.de)
• Court portal and forms (justiz.de)

1. [1] German Civil Code (BGB) – gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) – gesetze-im-internet.de
3. [3] Court portal and guidance on forms – justiz.de