Tenant: Documenting Removal in Germany

As a tenant in Germany, you should carefully document the removal of fixtures when moving out. A correctly completed handover protocol protects against unexpected landlord claims and makes later evidence easier in disputes. In this guide I explain practically which photos, descriptions and wordings are important in the protocol, which deadlines to observe and how a sample letter for acceptance or claim can look. The guidance takes into account applicable German tenancy law^[1] and shows how to prepare formal steps, collect evidence and, if necessary, involve the local court (Amtsgericht)^[2]. At the end you will find sample texts and notes on official forms as well as links to statutes and courts.

Why precise documentation matters

Removal often raises questions about condition, scope and responsibility. A complete handover protocol with date, time, concrete descriptions and photo/video evidence reduces uncertainty. Always note who was present, which parts were removed and whether the landlord or their representative made acceptance remarks. Such details are decisive in court and increase your evidentiary strength.

Checklist for the handover protocol

• Create photos and videos before and after removal (evidence) and store them chronologically.
• Record the date and time of each entry (time) and make copies.
• List contacts and witnesses by name and note contact details (contact).
• Describe defects and required repairs precisely (repair) including estimated costs if known.
• Use formulations: "no defects", "with reservation" or exact defect descriptions, never unclear wording (form).
• Have the handover protocol signed by all present and request copies (move-out).

What belongs in the protocol (wording examples)

Write concrete, neutral sentences like: "Built-in wardrobe in the hallway, shelf and drawer missing; surface used with scratches." Avoid emotional expressions. If the landlord notes defects, request written positions and add your own findings.

Sample letter: acceptance and defect notification

Use templates for formal communication. A short sample letter to the landlord can begin: "Dear Mr/Ms X, during the apartment handover on [date] the following items were documented: ... Please confirm receipt of this letter and the planned procedure." Such letters create proof of communication and deadlines.

Deadlines and legal bases

Observe deadlines for complaints and the agreements in the lease. Fundamental duties of the landlord and the tenancy are found in §§ 535 et seq. BGB^[1]. If negotiations fail, the local court and the Code of Civil Procedure (ZPO) govern lawsuits and eviction proceedings^[2]. BGH decisions can contribute to the interpretation of tenancy law questions^[3].

Avoid common mistakes

• Undocumented verbal agreements alone rarely serve as reliable proof (warning).
• Do not miss deadlines for reporting defects; deadlines can affect your rights (time).
• Blurry photos or missing comparison images (before/after) weaken your evidence (evidence).

FAQ

Who decides if a fixture must be removed?

Usually the lease and handover protocol regulate removal. If there is no clear agreement, the local court decides after reviewing the contract and circumstances.^[2]

What evidence is most persuasive in court?

Photos/videos with timestamps, signed handover protocols and written communication with the landlord are among the strongest evidence.

Are there official handover forms?

There are no mandatory nationwide forms; use standardized protocol templates or legally reviewed templates and adapt them individually.

How-To

1. Preparation: create a list of all fixtures and collect earlier photos or agreements (evidence).
2. On-site documentation: photograph each area, note date and time and have attendees sign (move-out).
3. Written notification: send a sample letter to the landlord requesting acceptance or remedy (form).
4. If dispute: file documents at the local court or seek legal advice if necessary (court).

Key takeaways

• Concrete evidence reduces the risk of later claims.
• Signed protocols are central to your defense.

Help and Support / Resources

• §535 BGB on gesetze-im-internet.de
• ZPO on gesetze-im-internet.de
• Federal Court of Justice (BGH)

1. [1] §535 BGB on gesetze-im-internet.de
2. [2] ZPO on gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH)