Final Renovation: Tenant Rights in Germany

As a tenant in Germany, you face many questions during final renovation and handover: Which works are contractually allowed, what can the landlord require, and how do you document the condition correctly in the handover protocol? This article explains in plain language how cosmetic repairs, maintenance obligations and contractual clauses are reviewed, which deadlines apply and how to collect evidence. You will receive practical tips for filling out the protocol, communicating with the landlord and possible steps in case of disputes — including the authority to which tenancy cases are brought (local court). The goal is that you as a tenant can assess your rights in Germany more confidently and enforce them more effectively.

What is contractual final renovation?

Contractual final renovation means that the rental agreement specifies which cosmetic repairs or renovation works must be done on moving out. Generally, the landlord's maintenance obligations arise from the German Civil Code, while individual tenant obligations are valid only if they are legally permissible and clearly formulated^[1]. Vague blanket deadlines or excessive color requirements may be invalid. Check contract wording carefully and document the actual condition of the apartment at handover.

Which clauses are permissible?

Permissible clauses are generally concrete, limited agreements that do not undermine the tenant's statutory protection. Blanket obligations forcing frequent complete renovations are often invalid or restrictable according to higher-court case law^[3]. In case of doubt, examine the clause and, if necessary, seek legal review or ask the local court^[2].

Handover protocol checklist

• Take photos of all rooms and visible defects and mark them with the date.
• Record meter readings (electricity, gas, water) and photograph them.
• List all visible damages and wear in detail.
• Have the handover protocol signed by tenant and landlord.
• Keep a copy of the protocol for your records.

Frequently Asked Questions

Who pays for renovation at move-out?

It depends on the validity of the contractual agreement and the apartment's condition. Generally, the landlord is responsible for maintenance; contractual deviations are limited in scope^[1].

Can the landlord demand a complete renovation?

Blanket demands for complete renovation are often invalid. The decisive factors are the exact wording of the lease and the actual wear and tear.

Where to turn in case of dispute?

In serious conflicts, tenants can bring claims before the competent local court (Amtsgericht); for higher instances there is the regional court and for appeals the Federal Court of Justice^[2].

How-To

1. Document the condition photographically and in writing.
2. Inform the landlord in writing and clarify deadlines for any work.
3. Observe deadlines and, if necessary, set a written grace period.
4. Consider filing a claim at the local court if no agreement is reached.

Key Takeaways

• Carefully document the apartment condition for the handover.
• Read the lease thoroughly and note unclear clauses.
• The local court (Amtsgericht) is the first instance for rental disputes.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Forms and guidance from the Federal Ministry of Justice (BMJ)
• Federal Court of Justice (BGH) — decisions

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) — decisions and case law
4. [4] Federal Ministry of Justice (BMJ) — forms and templates