Minor Repairs on Move-Out in Germany: Evidence
As a tenant in Germany, you may face the question at move-out which minor repairs the landlord can legitimately demand and how to avoid unjustified deductions. This article explains in practical terms which documents help, how to document defects, and the role of the handover protocol. You will receive concrete steps for collecting photos, invoices and witness statements, as well as advice on communicating with the landlord. The guidance is oriented to relevant legal rules and shows how to prepare for potential disputes, secure evidence, and, if necessary, initiate legal proceedings.
What are minor repair clauses and what applies legally?
Minor repair clauses in the rental agreement often state that tenants should carry out small repairs. In principle, such clauses do not replace the landlord's statutory obligations under the German Civil Code. Important prerequisites are the validity of the clause and a clear limitation of amount and type of work. Statutory rules and case law are relevant for interpretation and enforcement[1][2].
Who must prove that a repair was necessary?
If the landlord claims costs at move-out, he generally has to demonstrate and prove that the repair was necessary and not due to normal wear and tear. As a tenant, you should therefore actively collect evidence to support your own counterclaims or objections.
Checklist: Evidence at move-out
- Photos (photo) of defects with date and location recorded.
- Handover protocol (record) created and signed by landlord/witnesses.
- Invoices or estimates (receipt) kept if you commissioned repairs yourself.
- Witness contact details (contact) noted, e.g. neighbors about existing defects.
- Time information (time) documented: when defects occurred or were reported.
Check the handover protocol, billing and respond
The handover protocol is your central evidence. If the landlord's claims differ from your documents, request a detailed invoice and state your objections in writing. Check whether costs are clearly indicated as minor repairs, contractually permissible and limited in amount. For unclear bills, request proof and set deadlines in writing.
- Request a detailed invoice (form) with date, scope of work and individual items.
- Compare invoice amounts with market prices and estimates (receipt).
- Contact a conciliation body or tenants' association in case of discrepancies (contact).
If the landlord bills you or sues
If the landlord demands payment or files a lawsuit, carefully documented evidence will help strengthen your position. Many rental disputes are decided by local courts; you can present your evidence there and request judicial review. Early legal advice is advisable in case of uncertainty, for example from municipal legal advice centers or tenants' associations.[2]
Häufige Fragen
- Which costs may the landlord charge for minor repairs?
- The landlord may charge only if there is a valid, clearly limited contractual provision and the amounts agreed are respected. Flat-rate claims without proof are challengeable.
- Do I have to repair small defects before move-out?
- Only if a valid minor repair clause exists and the type and costs of the defect are reasonable. Normal wear and tear is not the tenant's repair obligation.
- What if the landlord withholds money without an invoice?
- Request a detailed invoice, document your objection in writing and consult a conciliation body or the local court if necessary.
How-To
- Record photos (photo) and videos of the apartment condition before handover.
- Prepare the handover protocol (form) with signatures and keep a copy.
- Request a detailed invoice in writing and set a deadline (contact).
- Consider filing a claim at the local court and present your evidence if the dispute continues (court).
Help and Support / Resources
- [1] Bürgerliches Gesetzbuch (BGB) §535
- [2] Bundesgerichtshof - Case law
- [3] Betriebskostenverordnung (BetrKV)
