Move-out Renovation for Tenants in Germany

As a tenant in Germany you often face questions about move-out renovation: which damages must be repaired, which cosmetic repairs are allowed and how do you prove the condition at handover? This text explains step by step how to document rooms, defects and meter readings with photos and short notes, which deadlines and documents matter and how to prepare formal letters. We cite relevant sections of the BGB,^[1] show typical mistakes in photo evidence and give practical action steps for talks with the landlord or for going to the local court.^[2] The goal is that you judge your rights as a tenant more confidently and organize evidence so it holds up in court.

What counts as move-out renovation?

Move-out renovation is understood differently. Generally you distinguish between permitted so-called cosmetic repairs (often: wallpapering, painting) and damage repairs (from wear or damage). Not every minor defect is the tenant's responsibility. Read your lease, check handover records and document notable areas.

Taking photo evidence correctly

Good photos are systematic, dated and traceable. First take overview shots of each room, then detailed images of defects, damage and meter readings. Name files clearly (e.g. "livingroom-2024-06-01-01.jpg") and keep copies in at least two locations.

• Overview photos of every room from multiple angles.
• Detail photos of damage, cracks, mold spots and floor abrasions.
• Photos of meter readings and mailbox/entrance at handover.
• Receipts and invoices for repairs or contractor services.

Requirements for records & deadlines

Note date and time of the photos and add short written descriptions. Some deadlines matter: complain promptly, send formal defect notices within a reasonable period and document deadlines in writing. When in doubt, a simple handover protocol signed by both parties helps.

• Report defects to the landlord "immediately" or within a short period and document time limits in writing.
• Important: send defect notices by email and by registered mail when deadlines or later proof matter.
• Keep invoices for repairs so costs and responsibility are verifiable.

Forms and templates

For formal letters, templates from the Federal Ministry of Justice can be helpful; check templates for termination or defect notices and adapt them to your case. See BGB §535 ff.^[1] and further tenancy rules there. For sample forms, visit official state pages and verify templates before use.^[3]

FAQ

Do I always have to renovate when I move out?

Not necessarily; it depends on the lease, contractual clauses about cosmetic repairs and the actual condition. Minor wear is usually the landlord's responsibility.

Are photos sufficient evidence in court?

Photos are strong evidence if they are dated, labeled and combined with other documents such as handover protocols.

What if the landlord demands repairs I did not cause?

Object in writing, gather evidence and consider legal advice or filing a claim at the competent local court.

How-To

1. Create room overviews first and save photos with date and clear filenames.
2. Photograph all visible damage from multiple angles and include a scale when possible.
3. Write a formal defect notice, attach photos and send it by email and registered mail to the landlord.
4. If no agreement is reached, gather documents and prepare a claim at the competent local court.

Help and Support

• BGB §535 ff. – Gesetze im Internet
• Federal Court of Justice (BGH) – tenancy rulings
• Federal Ministry of Justice – forms and guidance

1. [1] Bürgerliches Gesetzbuch (BGB) §535 ff.
2. [2] Bundesgerichtshof (BGH) Mietrechtsprechung
3. [3] Bundesministerium der Justiz - Formulare und Muster