Move Out Clean: Tenant Rights in Germany
As a tenant in Germany, a correct move-out handover is especially important for long-distance moves: handing over the flat cleaned with a broom helps avoid unjustified claims and improves your position in disputes with the landlord. This guide explains practically which duties arise from the rental contract and the BGB[1], how to create a meaningful handover protocol, collect photos and receipts, meet deadlines and which official forms or authorities are relevant. I explain sample forms, the process and concrete steps so you can enforce your rights in Germany during distant moves — including templates, court guidance and a step-by-step enforcement guide for problems. The advice is practical, neutral and aligned with the 2025 legal situation.
What does "besenrein" mean?
"Besenrein" describes the usual condition at handover: coarse dirt removed, floors swept, built-in fixtures undamaged and no rubbish left. It is not a professional deep cleaning unless the rental contract requires otherwise. Always check the rental agreement and discuss open points with the landlord in writing.
Practical steps to secure a clean move-out
- Take photos (photo) and prepare a detailed handover protocol: date, time, meter readings, visible defects and signatures of both parties.
- Respect deadlines (deadline): confirm handover or key return appointments in writing and note deadlines for cleaning or corrections.
- Orderly move-out and key return (move out): create the protocol and hand over keys, ideally against a receipt.
- Preserve evidence for disputes (court): copy all emails, photos, protocols and witnesses before accepting or paying claims.
Rights, deadlines and forms
As a tenant you have obligations to return the property, but also rights: the landlord must prove any excessive cleaning or repair costs under the BGB[1]. For court procedures the ZPO applies to actions such as eviction suits[2]. Official forms and guidance are available from the responsible ministries and courts.
- Termination letter (sample) and deadlines: use official guidance from the Federal Ministry of Justice for form and timing (form).
- Landlord confirmation (form): you need this confirmation for registration at your new address; information is provided by the interior ministry.
- Eviction suit and enforcement (court): if litigation arises, local court and possibly regional court are competent; inform yourself early about procedures.
Frequently asked questions
- Do I have to hand over the apartment "besenrein"?
- Generally yes; "besenrein" is standard unless the rental agreement demands additional cleaning. Discuss exceptions in writing with the landlord.
- Who pays for professional cleaning?
- Only if contractually agreed or if the dirt exceeds normal wear and the landlord can prove it.
- What if the landlord demands unjustified deductions?
- Document everything, request a written invoice and check the claim; if necessary, take enforcement or legal steps and observe deadlines.
How-To
- Check your rental contract for specific handover requirements and termination-related deadlines (form).
- Create a handover protocol and take comprehensive photos (photo) of each room.
- Perform the clean-up or hire a company; hand over keys personally or with written confirmation (move out).
- If disputed: observe ZPO deadlines, object in writing and prepare defense at the local court (court).
Key takeaways
- Document all conditions with dated photos and a signed protocol.
- Observe handover and objection deadlines to protect your rights.
- Keep written communication and ask for receipts or itemized invoices.
Help and Support / Resources
- BGB: Civil Code – Sections 535–580a
- ZPO: Code of Civil Procedure
- Federal Ministry of Justice – Official Guidance
