Enforcing Inventory List: Tenant Guide Germany
What is an inventory list?
An inventory list records the condition and items of a flat at move-in and handover. It helps prevent later disputes about damage or missing items and is often decisive in deposit matters.
A careful inventory list protects you in deposit disputes.
Before moving in: Preparation
- At the viewing, check entries and note any visible defects.
- Take photos and videos of all rooms, meters and existing damage.
- Prepare a handover protocol and have template wordings ready.
- Schedule move-in appointments and note deadlines for reporting defects.
Take dated photos of every room and save the files with the date.
At handover: Protocol and photos
Carry out the handover protocol together with the landlord, list all discrepancies and have the protocol signed by both parties.
- Protocol: list each room with meters and special features.
- Photo documentation: include date, time and direction in the filename.
- Contacts: record names and contact details of everyone present.
Detailed documentation increases your chances in a dispute.
Damage, repairs and rent reduction
Once defects are discovered, report them in writing, set deadlines and give the landlord a reasonable time to remedy them.
- Send a written defect report with a deadline.
- Document response deadlines and keep evidence.
- If the usability is affected, repairs can be requested and possibly rent reduction considered.
- Deposit deductions: keep all receipts for accounting.
Respond to legal letters promptly to avoid disadvantages.
Legal basis
Relevant legal bases are §§ 535–580a BGB[1] and procedural rules of the ZPO if the matter goes to court[2].
Official template forms such as a termination letter or defect notice can be obtained from the Federal Ministry of Justice[3].
FAQ
- What must an inventory list include?
- The inventory list should document condition, quantities and any special defects of furniture, electrical appliances, floors, walls and meters.
- How long do I have to report defects?
- Report defects without delay after discovery; for evidence purposes reporting within a few days is advisable.
- Can the landlord withhold the deposit because of missing inventory items?
- Only if actual loss or damage is proven and after correct accounting may the deposit be withheld in whole or in part.
- Where are disputes resolved?
- Rental disputes are usually heard at the competent local court (Amtsgericht); appeals go to the regional court (Landgericht) and possibly to the Federal Court of Justice (BGH).
How-To
- Preparation: create a checklist and have photo equipment ready.
- Viewing: note keys, meter readings and visible defects.
- Fill out the handover protocol: record items in writing and have them signed.
- Secure evidence: collect photos, videos and witness statements.
- Send a written defect notice with a deadline.
- If necessary: file a claim at the local court.
Key Takeaways
- Documentation: photos and protocols are key in disputes.
- Deadlines: respond promptly to defects and legal letters.
- Use official templates: they simplify evidence collection and communication.
