Move-out Renovation 2025: Tenant Rights Germany
At the end of a tenancy many tenants in Germany ask which renovation tasks are truly mandatory and which contract clauses are effective. This practical guide explains how to distinguish cosmetic repairs from maintenance duties, what negotiation options you have with the landlord, and how to reach a fair agreement for move-out renovation. The advice is written for readers without legal expertise and shows concrete steps, sample wording and deadlines so you can protect your rights and avoid unnecessary costs.
What does move-out renovation mean?
Move-out renovation refers to tasks to be completed when leaving, such as painting walls or removing minor wear. Legally, obligations for cosmetic repairs are binding only if the contract clauses are clear and lawful. The relevant rules are in the German Civil Code (BGB, §§ 535–580a)[1] and pertinent BGH case law.
Tenant rights and duties
Tenants in Germany are entitled to use the apartment as agreed; the landlord has the duty to maintain it. Conversely, contractually agreed cosmetic repairs may apply to the tenant if they are effective. Pay attention to wording on deadlines, responsibilities and requirements for execution and condition.
Cosmetic repairs vs. maintenance
Differentiation:
- Cosmetic repairs: usually painting, wallpapering, minor touch-ups from normal wear.
- Maintenance: professional repairs to heating, plumbing or structural elements, typically the landlord's responsibility.
Negotiating with the landlord
A written agreement on move-out renovation is often the best way to avoid disputes. Proposals can specify tasks, dates, cost-sharing or a settlement payment instead of renovation. Formulate clearly what will be done and in which condition the apartment will be returned.
- Propose a written deadline and note an inspection appointment.
- Offer a reasonable lump-sum payment instead of extensive cosmetic work if appropriate.
- Record the agreement in writing and have both parties sign it.
Practical steps before moving out
Plan early: make a checklist, photograph all rooms and notify the landlord of any visible defects. If the landlord will perform repairs, agree on a concrete date and a protocol.
- Set an inspection date and inform the landlord in writing.
- Document defects with date-stamped photos.
- Arrange moving logistics and key handover in time.
Forms and templates
There are not always uniform federal forms for civil claims; many local courts offer guidance. Important documents for tenants include:
- Tenant termination letter: template wording helps state correct deadlines and recipient.
- Handover protocol: written evidence of condition, meter readings and key transfer.
- Filing a claim/eviction suit: for court disputes follow rules of the Code of Civil Procedure (ZPO)[2].
When the landlord sues
If the matter goes to court, local courts (Amtsgerichte) handle many tenancy disputes; appeals go to the state court (Landgericht) and fundamental legal questions to the Federal Court of Justice (BGH).[3] Present all documents in order: lease, correspondence, photos and the handover protocol.
FAQ
- Who pays for the move-out renovation, tenant or landlord?
- It depends on the lease and the validity of clauses; maintenance duties usually remain with the landlord, while valid cosmetic repair clauses can bind the tenant.
- Can I offer a settlement payment instead of renovating?
- Yes, an agreed settlement payment is possible and should be recorded in writing.
- What deadlines apply for objections or lawsuits?
- Respond promptly; deadlines depend on the specific case and the ZPO; legal advice is recommended.
How-To
- Contact the landlord in writing and propose a handover date.
- Create a detailed handover protocol with photos.
- Agree in writing which tasks will be done or compensated.
- Carry out agreed tasks or pay the settlement and hand over the keys.
