Mold at Move-Out: Tenant Duties in Germany

Tenants in Germany often face the question at move-out who is responsible for mold and what removal duties exist. This overview explains clearly which tenant duties and landlord obligations must be distinguished, which deadlines apply and which evidence helps secure your position. We describe practical steps such as documentation, defect notices to the landlord, setting deadlines and when professional removal is necessary. We also show which official forms and courts are responsible so you can effectively assert rights under tenant protection. The goal is to give you as a tenant clear steps to ensure the handover is fair and legally sound. If unsure, we recommend seeking legal advice or tenant counseling early.

Who is responsible?

The German Civil Code (BGB) governs the duties of landlords and tenants for defects like mold. Landlords must hand over and maintain the rental property in the agreed condition; for health-threatening defects the landlord is generally responsible^[1]. Tenants have duties if they cause damage through incorrect ventilation or misuse.

Tenant duties at move-out

As a tenant, you should proceed systematically when moving out. Clarify whether mold is due to structural defects or ventilation/heating behaviour. Documentation helps allocate responsibility and for later disputes.

• Collect photos and evidence (evidence).
• Send a written defect notice to the landlord (notice).
• Set a deadline for remediation or a response (deadline).
• Only perform necessary immediate measures; report larger renovations to the landlord (repair).
• Create an exit protocol and hand over keys (move-out).

When is the landlord liable?

If a structural defect promotes mold (for example damp walls or defective insulation), the landlord is obliged to remedy the defect. If the tenant is proven responsible (for example by persistently failing to ventilate), the tenant may be liable for removal costs or rent reductions.

Create a handover protocol and request required forms or certificates from the landlord. There is no single mandatory state template for defect notices, but you can use a written letter with date, description and deadline and document it^[3]. If a dispute arises, the local court (Amtsgericht) is competent for tenancy disputes^[2].

FAQ

Who pays for mold removal at move-out?

If mold arose from structural defects, the landlord generally pays; if tenant behaviour is proven, the tenant may be liable.

May I hire a contractor myself?

In case of acute health hazards, immediate measures may be necessary, but inform the landlord beforehand if possible and request reimbursement in writing.

How do I document mold correctly?

Take dated photos, note room temperature and ventilation behaviour, and send a written defect notice to the landlord.

How-To

1. Document mold with photos, dates and brief notes (evidence).
2. Send a written defect notice to the landlord and set a deadline (notice).
3. Wait for a response; in health-risk situations arrange immediate measures (repair).
4. Create an exit protocol with photos and signatures when moving out (move-out).
5. If necessary, prepare documents for a possible local court claim (court).

Help and Support

• Civil Code (BGB) - Gesetze im Internet
• Justice Portal of the Federal Government and the Länder
• Federal Ministry of Justice and Consumer Protection (BMJ)

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1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Amtsgerichte - Justizportal des Bundes und der Länder
3. [3] Federal Ministry of Justice and Consumer Protection (BMJ)