Final Cleaning & Tenant Rights in Germany
Many tenants in Germany face the question of which tasks for final cleaning they must actually bear. This guide explains in plain language what tenancy law and contracts say about cosmetic repairs and maintenance, which deadlines apply and which evidence you should collect. I describe official forms, practical steps for defects, how to negotiate with your landlord and when a court (local court) may be involved. The goal is for families and households to clearly understand which obligations are permissible, how to resist unjustified claims and which authorities or sample forms are helpful.
Rights and Duties at a Glance
Tenancy law regulates the obligations of landlords and tenants, in particular in the provisions of the BGB on maintenance, agreements on use and deposit accounting [1]. Contracts can specify individual duties, but cannot violate mandatory legal rules.
Quick Steps for Tenants
- Document damage immediately: photos with date, description and witnesses.
- Notify the landlord in writing: send defect notice by email and by letter.
- Record deadlines: set a deadline for remedying the defect and note the response date.
- Check the deposit statement: request justification for charges and receipts.
Official Forms and Examples
Important official documents include, for example, templates for termination letters and complaint forms; procedures before the local court are governed by the ZPO rules, such as in payment or claim proceedings [2]. For fundamental questions, decisions by the Federal Court of Justice provide orientation [3]. Example: A family discovers mold after a burst pipe ad document, inform the landlord, set a deadline and, if necessary, object to unjustified cost claims.
Common Disputes in Final Cleaning
Tenants and landlords often disagree about the scope of "cosmetic repairs" and assignments for wear and tear. Principle: Normal wear from contractual use cannot simply be charged in full to the tenant. Collect comparison evidence (e.g., move-in/move-out protocols, photos from the time of move-in).
FAQ
- Do I have to repaint the apartment completely when I move out?
- Not automatically; it depends on the lease, cosmetic repair clauses and the actual wear. Blanket renovation demands without clear agreement are often ineffective.
- What counts as normal wear and tear?
- Normal wear includes traces of use from everyday living (e.g., minor wear of floor coverings), but not significant damage from improper use.
- What deadlines apply to defect notifications?
- Defects should be reported without delay, i.e. as soon as they are discovered, in writing; specific legal consequences depend on the type of defect and contractual deadlines.
How-To
- Collect evidence: photograph and document all damage and save dates and descriptions.
- Notify the landlord: send a written notice by letter and email and set a reasonable deadline for remediation.
- Monitor deadlines: note them and send reminders if there is no response.
- Legal steps: if no agreement is possible, prepare a claim at the competent local court and attach evidence.
