Move-Out Guide for Tenants in Germany

Many tenants in Germany face the question at move-out which renovations are actually required and which costs the landlord must bear. This practical guide explains in plain language which cosmetic repairs are common, when defects affect the return of the deposit, and how to organize documentation, deadlines and communication with the landlord in a legally secure manner. You will receive concrete steps for handover protocols, evidence preservation with photos, sample cases for defect notifications and advice on legal routes via the local court. At the end you will find an FAQ, a step-by-step guide for evidence preservation and links to official authorities and the relevant legal provisions (BGB, ZPO). The language remains practical and understandable so that as a tenant in Germany you can act prepared.

What tenants should know about move-out renovations

Not every cosmetic repair must be paid for by the tenant; many duties and claims are governed by the German Civil Code (BGB)^[1]. First clarify what the lease says, check unclear clauses and ask the landlord for concrete claims in writing. Documentation is central: date, time, photo evidence and witnesses help later in disputes.

Check list before moving out

• Arrange and confirm the handover appointment with the landlord in writing.
• Take photos of all rooms and defects and date them.
• Check small repairs (minor drill holes, descaling) and only perform them if contractually required.
• Expect the deposit accounting and assert claims in writing within the deadline.
• Send a defect notification to the landlord, set a deadline for remedy and document receipt.

Important deadlines and possible legal steps

Rules of the Code of Civil Procedure (ZPO)^[2] apply to legal actions and lawsuits. If no agreement is reached, the usual route is via the local court (Amtsgericht); for higher dispute values, regional courts and ultimately the Federal Court of Justice decide rent law cases^[3]. Example: If the landlord submits an excessive claim, document it and send a written response; if the claim persists, a lawsuit at the competent local court may become necessary.

Relevant forms and templates (practical)

The following forms or templates are relevant for tenants. Links point to official legal or court information:

• Defect notification (written complaint): Use a dated letter, describe the defect, set a remedy deadline and attach photos. Example: "Defect notice due to mold in bathroom, deadline 14 days".
• Filing a lawsuit at the local court (claim form / complaint according to the ZPO): This is only necessary if no agreement is reached; consult official ZPO procedural information.
• Handover protocol: Record meter readings, defects and provide copies to landlord and witnesses.

FAQ

Who pays renovation costs at move-out?

Generally the landlord bears necessary maintenance; contractual cosmetic repairs may fall to the tenant but only if clauses are valid and reasonable.

Do I have to repaint the entire apartment?

Only if there is a valid, clear and reasonable contractual clause; blanket or vague renovation demands are often invalid.

What do I do if the landlord does not respond?

Document deadlines and defects, send a written defect notice and consider filing a lawsuit at the local court if necessary.

How-To

1. Document: Take photos, note dates, name witnesses.
2. Send written defect notification: Describe defect, set a deadline (e.g., 14 days).
3. Seek contact: Write to the landlord, consider mediation or municipal advice.
4. Last step: If dispute continues, file a claim at the competent local court.

Help and Support

• BGB §535 – Landlord duties
• ZPO – Process rules and filing
• Federal Court of Justice – rent law decisions

1. [1] BGB §535 – Pflichten des Vermieters
2. [2] ZPO – Zivilprozessordnung
3. [3] Bundesgerichtshof – Decisions and guidance