Tenant obligations for end renovation in Germany

As a tenant in Germany, contractually agreed end renovation at move-out can lead to uncertainty and disputes. This guide explains in clear language how to check end-renovation clauses, which obligations actually apply and how to document defects correctly in the handover protocol. You will learn which evidence is important, how deadlines and form requirements must be observed and when it makes sense to seek legal help. Practical examples show how to formulate a defect notice and which official legal bases (e.g. BGB) are important. The goal is that you, as a tenant, understand your rights, fend off unreasonable claims and arrange the move-out fairly. Read the step-by-step instructions below to create a legally secure handover protocol and avoid dispute costs. If necessary, you will find official contact points at the end.

What applies contractually to end renovation?

Many rental contracts contain clauses on so-called end renovation or cosmetic repairs. Not every wording is legally enforceable: under general tenancy rules in the BGB, the obligation depends on the contractual agreement and reasonableness^[1]. Clauses that force tenants into extensive cosmetic work or set rigid time intervals are often contestable. Read contract texts and transitional provisions carefully and record unclear passages in writing.

Assessing end renovation in the handover protocol

The handover protocol is your most important piece of evidence when moving out. Make sure to describe conditions clearly and attach supporting photos. Important points to include in the protocol are:

• Photos and date: Photos with dates show the condition at handover.
• Repair needs: Specific description of defects (e.g. heating, mold, plumbing).
• Deadlines and appointments: Record agreed deadlines for repairs.
• Deductions and deposit: Notes on possible deductions and release of the deposit.
• Key handover: Document the number of keys returned.

Forms and templates

There is no single nationwide mandatory form for defect notices, but official templates and guidance help with wording and deadlines. A commonly used template is a termination or defect notification sample that you can find at official agencies. For terminations, use a clear dated letter with acknowledgment of receipt; for defects, document location, description, date and a deadline for remedy. For court actions, procedural rules of the ZPO apply, for example in eviction or cost recovery lawsuits^[2]. Templates and general guidance are also available from ministries and justice portals^[4].

Legal steps and courts

If a legal dispute arises, the local court (Amtsgericht) is usually the first instance for many tenancy disputes; appeals go to the regional court and later the Federal Court of Justice for legal questions and precedents^[3]. Observe deadlines and formal requirements: lawsuits, setting deadlines and service must meet form and time rules, otherwise claims may be lost.

FAQ

Am I always obliged to perform end renovation as a tenant?

Not automatically; the obligation depends on the specific contractual clause and case law. Unclear or overly strict clauses are often invalid.

What should I write in the handover protocol?

Record condition, visible defects, meter readings, keys handed over and attach photos. Have the protocol signed by both parties.

What to do if the landlord makes unjustified claims?

Object in writing, request evidence and deadlines. Use the handover protocol as proof and seek legal advice if necessary.

How-To

1. Arrange an appointment: Agree a date for the handover with the landlord.
2. Record condition: Go through each room and note defects in the protocol.
3. Take photos: Photograph all relevant areas with dates.
4. Clarify repairs: Agree in writing who performs which repairs and by when.
5. Sign the protocol: Obtain signatures from both parties and keep a copy each.
6. Keep records: Store photos, emails and receipts for potential later steps.

Help and Support / Resources

• BMJV contact page - Federal Ministry of Justice and Consumer Protection
• Laws in the Internet – German law (e.g. BGB)
• Justice portal – information on courts and jurisdictions

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Federal Court of Justice (BGH) – tenancy decisions
4. [4] Federal Ministry of Justice and Consumer Protection (BMJV) – forms and guidance