Tenant Rights: Inventory Lists & Long-Distance Move Germany

Many tenants face uncertainty during handovers: who is responsible for damage, how are inventory lists agreed, and what rights apply during a long-distance move in big cities in Germany? This text explains clearly what obligations landlords and tenants have under the rental agreement, how to object to a unilateral inventory list and which deadlines apply when moving. There are also practical tips for documenting condition, communicating with the property manager and taking legal steps if an agreement fails. The goal is that tenants know their rights and move in and out in Germany with more confidence.

What is an inventory list and common misconceptions

An inventory list usually describes the condition and existing furniture at handover. Many believe a signed list is automatically legally binding; in fact, the documented condition and evidence recordings count for assessing wear and damage.

Common misconceptions

• Check the inventory list within 14 days and note deviations.
• Document condition with photos, dates and short descriptions as evidence.
• For defects to heating or water, a rent reduction may be possible; check the conditions.
• An objection to a unilateral inventory list should always be made in writing and meet deadlines.

Rights and obligations for long-distance moves in big cities

For a long-distance move, the general tenancy rules of the BGB §§ 535–580a apply ^[1]. The landlord must deliver the rental property in a contractually agreed condition; tenants must report defects and meet deadlines. For legal proceedings and procedural questions, the ZPO is relevant, for example in lawsuits or eviction actions ^[2].

• Plan the handover on time and inform the property management.
• Keep receipts for deposit and accounting to enforce repayment claims.
• Arrange key handover and access for the handover in writing.

Official forms

For concrete steps there are official templates and forms. Use only the authority pages to create legally effective letters.

• Termination letter template (BMJ) – When: to properly end the tenancy; Example: template for ordinary termination when moving.
• Civil lawsuit form (Justiz portal) – When: if an amicable settlement fails and you must sue; Example: claim for deposit repayment.
• Procedural information and forms (ZPO) – When: initiating court proceedings or setting deadlines; Example: applications under procedural rules.

FAQ

Who bears the burden of proof for damage discovered after moving out?

The burden of proof often lies with the landlord if the condition at handover is not clearly documented; tenants should present photos and handover protocols.

Can an inventory list be changed afterward by the landlord?

Unilateral changes are not automatically binding without tenant consent; object in writing and document discrepancies.

Which court is responsible for tenancy disputes?

The local court (Amtsgericht) is usually the first instance; appeals go to the regional court (Landgericht) and legal development to the BGH ^[3][4].

How-To

1. Create an inventory list with date and photos at handover.
2. Set a deadline (e.g. 14 days) for the landlord to correct or clarify the list.
3. Send an objection in writing by registered mail or email with read receipt.
4. If no agreement is reached, consider filing a claim at the competent local court or seek legal advice.

Help and Support / Resources

• BGB and other statutes (gesetze-im-internet.de)
• Justice portal: courts and forms (justiz.de)
• Federal Court (BGH) decisions (bundesgerichtshof.de)

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Competent courts: Amtsgericht, Landgericht — justiz.de
4. [4] Federal Court of Justice (BGH) decisions — bundesgerichtshof.de