Furnished Rentals: Tenant Checklist in Germany
Many tenants in Germany face specific questions with furnished rentals: What does the lease say about the inventory list, who pays for repairs, and how is the security deposit returned? This practical guide explains important rights and duties under German tenancy law in plain language, shows useful official forms and typical deadlines, and helps tenants document defects correctly to assert claims like rent reduction or damages. The aim is to empower tenants in negotiations with landlords, make procedures understandable, and clarify when a court (local court/Amtsgericht) is competent. For individual cases, local courts and authorities can provide further assistance.
What does furnished rental mean?
Furnished rental means that living space is provided with movable furniture. Inventory lists and special agreements on liability, care and replacement of individual items are often part of the lease. Check whether the furnishings are permanently attached or appear merely lent, as this can have tenancy law consequences. In disputes about rights and duties, the rules of the German Civil Code (BGB) §§ 535–580a apply.[1]
Checklist for tenants
Before signing and during the tenancy, these points help reduce risks and secure claims:
- Check the lease (form): clarify term, inventory, notice periods and special agreements.
- Security deposit (deposit): record amount, payment method and deadlines for return in writing.
- Create an inventory list (record): document photos, serial numbers and existing defects.
- Maintenance & repairs (repair): check responsibilities for repairs and minor fixes.
- Access & privacy (entry): clarify rules on apartment access, key handover and privacy.
- Rent payments (rent): agree on due dates, payment method and utility billing.
If damages occur: report them to the landlord in writing immediately and set a reasonable deadline for repair. If there is no response, legal action is possible; eviction suits and civil claims are governed by the Code of Civil Procedure (ZPO).[2]
Concrete forms and templates
Important official sources and form types that tenants in Germany may need:
- Termination letter (rental termination, template): when ending the tenancy, use a clear dated letter with signature.
- Defect notice / request for remedy (notice): send a written deadline to the landlord with exact description and proof photos.
- Handover protocol / inventory list (record): serves as evidence at move-in and move-out.
Example: A tenant finds mold, documents the defect with photos, sends a defect notice by registered mail and sets a 14-day deadline for remedy; if there is no response, rent reduction or legal action can be considered. Local courts (Amtsgerichte) are usually competent; appeals go to regional courts and the Federal Court of Justice (BGH).[3]
FAQ
- What can my landlord charge for furnished apartments?
- Landlords can charge higher rent or a separate agreement for additional inventory, but must make this transparent in the contract and state a reasonable price.
- When can I reduce the rent?
- If the usability is significantly impaired, e.g. heating failure or mold, the rent can be reduced if the defect is not remedied in time.
- Who decides in a dispute—which court?
- The local court (Amtsgericht) is usually responsible in the first instance; appeals go to the regional court (Landgericht) and in nationally relevant matters to the Federal Court of Justice.
How-To
- Document the defect (record): secure photos, date and angles and prepare a short description.
- Notify the landlord in writing (notice): send defect notice with deadline by registered mail or email.
- Wait the deadline (time): typically give 14 days for remedy; adjust deadline according to urgency.
- Prepare legal action (court): if necessary, collect evidence and file a claim at the local court.
Key Takeaways
- Good documentation protects tenants in conflicts and legal actions.
- Contracts should clearly regulate inventory and responsibilities to avoid later disputes.
Help and Support
- Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
- Zivilprozessordnung (ZPO) - gesetze-im-internet.de
- Bundesgerichtshof - bundesgerichtshof.de