Tenant Rights: Rejecting Move-Out Renovations in Germany

As a tenant in Germany, you often face questions about move-out renovation clauses in the lease. Not every contractual wording is legally binding; tenancy law protects tenants from excessive cosmetic repair obligations. This guide explains step by step how to identify unlawful demands, organize deadlines and evidence, and file formal objections securely. I show which sections of the BGB are relevant, which official forms can be used, and how Federal Court (BGH) rulings typically decide. The goal is to avoid disputes or defend successfully in court—with practical templates for letters to the landlord and clear actions you can take without legal expertise.

What does move-out renovation mean?

Move-out renovation refers to contractually agreed obligations to restore the apartment when leaving. According to the German Civil Code (BGB), cosmetic repairs are only permissible insofar as they compensate for normal use and do not unduly burden the tenant.^[1] Clauses that impose disproportionate or blanket obligations are often invalid.

Practical steps before moving out

• Check the exact wording of the clause in the lease and note deadlines.
• Record deadlines for defect notices and handover dates so you meet timelines.
• Document the apartment condition with photos and a dated defect list.
• Write a formal objection if the demand is unclear or excessive.
• Seek legal advice if necessary, especially before making any out-of-court payment.

Forms and templates

There is no single official government form for every move-out renovation case, but you can use standard letters: a dated defect notice, an objection to demands, and, if needed, a request for evidence preservation. Always include the date, a concrete description of defects and a deadline for remedy or response. Practical steps follow BGB rules and procedural norms relevant at the local court level.^[1][2]

What to do if the landlord sues?

If a lawsuit is filed, the local court (Amtsgericht) is usually the first instance for tenancy disputes.^[2] Pay attention to the complaint, meet deadlines and present your evidence—photos, handover records, lease copies and correspondence—in an organized manner. For legal questions about clause interpretation, Federal Court (BGH) rulings can serve as guidance.^[3]

FAQ

Can the landlord force me to fully renovate?

Not automatically; blanket or rigid renovation obligations are often invalid, especially if they unduly burden the tenant.

Which evidence helps in a dispute about move-out renovation?

Date-stamped photos, handover protocols, correspondence with the landlord and witness statements are crucial.

Who decides in a dispute?

The local court (Amtsgericht) in the first instance; BGH decisions may provide legal guidance.

How-To

1. Check the lease clause immediately and flag unclear wording.
2. Create a dated photo and defect record of the apartment.
3. Send a factual objection to the landlord setting a reasonable deadline.
4. If no agreement is reached, prepare documents for the local court and file a response.

Help and Support / Resources

• Gesetze im Internet – BGB §§ 535–580a
• Federal Court (BGH) – rulings on tenancy law
• Federal Ministry of Justice (BMJ) – legal information

1. [1] Gesetze im Internet – German Civil Code (BGB) §§ 535–580a
2. [2] Justice Portal – jurisdiction of local courts (Amtsgerichte)
3. [3] Federal Court (BGH) – decisions and press releases