Move-Out Renovation: Tenant Rights in Germany

When moving out, many landlords in Germany often demand move-out renovations or cosmetic repairs. As a tenant you should know which obligations legally apply and which demands are inadmissible. This guide explains in practical terms how to check clauses in the rental contract, counter charges for alleged renovation work and distinguish required repairs from defect remediation. You will receive concrete steps for preserving evidence, for formal objection and for preparing a lawsuit before the local court if no agreement is reached. We also list important statutory provisions, suitable official forms and examples so that you can avoid or lawfully challenge costs when moving out. We explain deadlines, which documents help (photos, handover protocol, invoices) and provide wording suggestions for letters to the landlord.

What counts as move-out renovation?

Move-out renovation usually refers to cosmetic repairs such as painting walls, filling small holes or sanding parquet. It does not include major maintenance measures or repairs that the landlord must carry out under § 535 BGB.^[1]

Tenant rights and obligations

Basic rules for tenants in Germany:

• The landlord is responsible for major maintenance, not the tenant.
• Tenants must perform agreed cosmetic repairs only if the clause is valid.
• In case of doubtful claims: collect evidence and object in writing within deadlines.

Formal steps before payment

Proceed as follows before accepting payment or renovation costs:

• Check the rental contract and specific deadlines.
• Secure photos, handover protocol and invoices.
• Send a formal objection to the landlord.

If no agreement is possible

If the landlord insists on a claim, you can have the matter decided by the local court. Civil procedure is governed by the Civil Procedure Code (ZPO); usually the local court (Amtsgericht) is competent.^[2]

Examples of official forms and templates

There are no uniform nationwide forms solely for move-out renovation, but for court letters and claims tenants use standardized documents and complaint templates according to civil procedure rules. Useful examples for tenants include:

• Written objection to the landlord with clear deadline and references to evidence.
• Handover protocol with date, meter readings and photo references.
• Preparation of a claim at the local court if no agreement is reached.

FAQ

When do I have to paint when moving out?

Only if there is a valid, specific clause in the rental contract that clearly governs the obligation; broad or overly general clauses are often invalid.

Can the landlord use my deposit for renovation costs?

Only for costs actually incurred and proven. Advance payments or lump-sum deductions are not automatically permissible.

Where can I turn if the landlord sues?

In case of lawsuits the local court (Amtsgericht) is competent; appellate matters go to the regional court and legal questions may reach the Federal Court of Justice.^[3]

How-To

1. Check the rental contract and mark renovation clauses.
2. Secure photos, invoices and a handover protocol.
3. Send a written objection with a deadline to the landlord.
4. If necessary: prepare a claim at the local court and submit evidence.

Key takeaways

• Collect and keep all evidence: photos, protocol, invoices.
• Written communication and deadlines are decisive.

Help and Support

• Bürgerliches Gesetzbuch (BGB) online
• Zivilprozessordnung (ZPO) online
• Federal Court of Justice (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Federal Court of Justice (BGH)