Tenant valuation for fixture removal in Germany

As a tenant in Germany, you may face questions when fixtures such as fitted kitchens, shelves or built-in wardrobes need to be removed at move-out. Assessing the removal involves not only cost allocation and possible wear, but also your rights and obligations under the tenancy agreement and the German Civil Code (BGB). This guide explains in plain language how to document damage, which forms and deadlines matter, when a rent reduction may be considered and how court procedures can proceed. The texts are based on statutory provisions and provide practical steps so you as a tenant can negotiate well or act with legal certainty. If necessary, the text shows which courts are responsible and how to apply for legal aid or procedural legal aid.

What matters when valuing fixture removal

When removing fixtures, it is important to document condition and possible devaluations, clarify who bears costs and observe deadlines. Key criteria are the original agreement in the lease, the condition before and after installation and repair or renovation obligations.

Key evidence

• Photos with dates of fixtures and damage as evidence.
• Written defect notices to the landlord and any responses should be documented.
• Keep cost estimates and invoices for removal or repair.
• Observe deadlines for defect notices and statutory procedures.

Practical steps for tenants

Carry out a systematic inventory before and after removal, inform the landlord in writing and obtain cost estimates if possible. Negotiate promptly on cost sharing and keep all receipts.

• Inventory: Photos, measurements, dates and witness names.
• Send a written defect notice to the landlord and document delivery.
• Compare cost estimates and keep offers.
• Contact legal advice or tenant support early if uncertain.

Rights, obligations and legal basis

Your rights as a tenant are governed by the German Civil Code (BGB) and enforcement may proceed under civil procedural law (ZPO). In rental disputes, local courts (Amtsgerichte) are usually competent in the first instance; higher courts are regional courts and the Federal Court of Justice for fundamental legal questions^[1][2][3].

• Check obligations in the lease (pay attention to any removal clauses).
• Distinguish between normal wear and damage requiring remediation.
• Court resolution if agreement cannot be reached.

FAQ

Who pays for the removal?

That depends on the lease and the condition of the fixtures; often the tenant pays if contractually agreed or in case of tenant-caused damage.

Can the landlord demand repair or removal?

Yes, if the fixtures do not restore the contractual condition at move-out or if damage occurred, the landlord can assert claims.

Which deadlines matter?

Defects should be reported without undue delay; court procedures follow fixed deadlines under the ZPO and statutory limitation periods.

How-To

1. Document: Photograph fixtures before removal and note measurements and conditions.
2. Notify: Send a written defect notice to the landlord and document dispatch.
3. Estimate: Obtain cost estimates and compare prices for removal and repair.
4. Negotiate: Propose a solution and record agreements in writing.
5. Legal routes: If no agreement is reached, learn about competent courts and possible legal actions.

Key Takeaways

• Documentation is essential to enforce your claims.
• Carefully read the lease for removal clauses.
• Seek legal advice early if questions arise.

Help and Support

• German Civil Code (BGB) – Gesetze im Internet
• Code of Civil Procedure (ZPO) – Gesetze im Internet
• Federal Court of Justice (BGH) – Decisions

1. [1] Gesetze im Internet — German Civil Code (BGB)
2. [2] Gesetze im Internet — Code of Civil Procedure (ZPO)
3. [3] Federal Court of Justice — Decisions and Information