Furnished Rentals on Move-In: Tenants in Germany

Tenants who move into a furnished apartment in Germany often face questions about inventory, deposits, additional costs and notice periods. This text explains in plain language which rights and duties apply at move-in, how a handover protocol should be structured and which deadlines to observe in rental agreements. You will receive practical advice on which photos and documents to take immediately, how to report defects and which local courts are responsible for disputes. The goal is that you as a tenant can act confidently and know the appropriate documents and forms in case of a dispute.

What applies when moving into a furnished unit?

For furnished apartments, it is often legally important to distinguish whether the inventory is part of the leased property or merely provided for use. In principle, the landlords obligations to maintain the rental apartment from the BGB apply; practical issues regarding handover, inventory agreements and contract clauses should be recorded in writing. It is important to check the rental agreement exactly which items belong to the apartment, whether there are inventory lists and how damages or missing items are regulated at move-out.^[1]

Important for tenants in Germany

• Check whether furniture counts as part of the leased property or is only lent.
• Record condition and existing defects in writing and with photos at move-in.
• Clarify whether the rent includes furnishings and utilities or if they are billed separately.
• Create an inventory list or handover protocol at move-in.
• Observe statutory notice periods and special rules for furnished rentals.

Forms, deadlines and courts

Key legal bases can be found in the Civil Code (BGB) and in the Code of Civil Procedure (ZPO) for court actions. For tenancy disputes, local courts (Amtsgerichte) have primary jurisdiction; higher courts are regional courts and the Federal Court of Justice for precedent-setting decisions.^[2]

What to do about defects or missing inventory?

If defects occur at move-in or parts of the agreed inventory are missing, report this to the landlord immediately in writing and document everything with dated photos. Set a reasonable deadline for remedy and keep copies. If the landlord does not meet the duty to repair, a rent reduction may be an option; the legal basis for this is in the BGB.^[1]

FAQ

Who pays for damaged furniture?

If damage occurred through normal use, the landlord usually bears the cost. For damage caused by the tenant, compensation may be requested; exact provisions are in the rental agreement and in the BGB.

May the landlord withhold inventory at move-out?

Only if contractually agreed or justified by a compensation claim. Otherwise, what was provided must be returned.

Where to go for disputes about eviction or rent payment?

Eviction claims and payment claims are handled by the local courts; find out about deadlines and required documents for filing a lawsuit.

How-To

1. Document all existing furniture and defects on the move-in day with photos and dates.
2. Create a signed handover protocol and have the landlord confirm the inventory.
3. Report defects in writing by email or letter and set a clear deadline for remedy.
4. Keep all receipts, photos and correspondence organized.
5. Seek legal advice and consider applying for legal aid (PKH) if a court resolution is required.

Help and Support

• BGB: Legal texts on tenancy law
• ZPO: Procedure for lawsuits
• Federal Court of Justice: Decisions and information

1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof — Official Website