Furnished Rentals: Tenant Rights in Germany

When moving into a furnished apartment, tenants in Germany have specific duties and rights. Before using furniture or making changes, you should check the inventory, create a detailed handover protocol, and record agreements in the rental contract. Clarify with the landlord who is responsible for damage, cleaning or replacement of furniture, and document defects with photos and dates. Many disputes can be avoided through clear agreements and written evidence. If adjustments are necessary—such as brackets for shelves or replacement of defective parts—discuss scope and reimbursement in advance. This article explains practical steps tenants in Germany should take when moving into a furnished apartment, the applicable legal bases, and how to involve forms and authorities.

Furnished rental: What tenants should check

Systematically check the inventory at handover: condition, completeness and visible damage. Record agreements in writing; statutory duties of the landlord and tenants' rights arise from the BGB tenancy law ^[1] and can be enforced before the local court if necessary.

• Create a handover protocol (document): Note furniture, damages and meter readings and have the landlord sign the protocol.
• Clarify the security deposit (deposit): Agree on amount, payment method and conditions for refund in writing.
• Note deadlines (deadline): Set deadlines for defect notifications and repair requests.
• Report damage immediately (repair): Report visible damage by e-mail and attach photos.
• Discuss changes with the landlord (notice): Clarify consent requirements for drilling, furniture replacement or alterations.

What should be regulated in the rental agreement

The rental agreement should include an inventory list, responsibilities for maintenance, service charge accounting and termination periods. Rules on operating costs and heating costs are governed by the Betriebskostenverordnung and Heizkostenverordnung; in disputes about eviction or termination, the rules of civil procedure (ZPO) apply for court proceedings ^[2]. For formal letters such as terminations, many tenants use templates from the Federal Ministry of Justice or sample letters that clearly state date, address, contract reference and signature ^[3].

Practical steps for defects and adjustments

If a piece of furniture is defective or the equipment does not match the agreed condition, request correction from the landlord in writing and set a reasonable deadline. Document all communications and keep copies. For dangerous defects, for example a broken heating system in winter, tenants may be able to reduce rent or demand replacement measures; check the correct procedure in advance to avoid legal risks ^[1].

FAQ

Who is liable for damage to rented furniture?

Generally: damage from use is often the tenant's responsibility, while wear and hidden defects may be attributable to the landlord; clarify responsibility in writing.

Can I replace or install furniture?

Minor changes are possible but should be agreed with the landlord beforehand; major alterations usually require consent.

Where do I file an eviction lawsuit?

Local courts (Amtsgerichte) are usually responsible; in disputes check deadlines and procedural requirements under the ZPO ^[2].

How-To

1. Document the inventory (document): Create a signed handover protocol with photos.
2. Check deposit and service charges (deposit): Compare the contract text with legal provisions.
3. Report defects (notice): Send a written defect notice with a deadline.
4. Prepare court action if needed (court): Collect evidence and seek assistance at the local court.

Help and Support / Resources

• BMJ - Federal Ministry of Justice
• Gesetze im Internet (BGB, ZPO, regulations)
• Federal Court of Justice (BGH) - Decisions

1. [1] Gesetze im Internet — BGB §§ 535–580a
2. [2] Gesetze im Internet — ZPO
3. [3] Bundesministerium der Justiz — Forms and templates