Nail and Drill Holes: Handover Record for Tenants in Germany
As a tenant in Germany, you may face the question at move-out of how small damages like nail or drill holes are assessed in the handover protocol. This assessment determines whether costs for cosmetic repairs or even deductions from the deposit are justified. In this text I explain step by step how to document drill holes and nails objectively, which photos and notes are important, and which deadlines and legal bases must be observed. I also show which template letters are helpful and when a local court or the Federal Court of Justice may become relevant. The goal is that you record the condition of your apartment securely, factually and legally. Read on for checklists and a sample protocol.
How nail and drill holes are assessed
Assessment depends on size, number, location and repair effort. Very small holes (for example pinholes or small nail marks) are usually considered normal wear, while larger drill holes or several adjacent holes may be considered damage requiring repair. Legal bases for tenancy and maintenance are found in the German Civil Code (BGB) §§ 535–580a.[1]
What you should document
- Take photos from multiple angles with a scale (ruler or coin) and date.
- Short description: diameter in mm, depth, wall material.
- Location in the room (e.g. above socket, next to window) and proximity to fixtures.
- Note when the hole occurred and who caused it, if known.
- Signature from landlord and tenant in the handover protocol or confirmation by email.
Typical assessment criteria
Small nails and isolated anchor holes are often considered contractual wear. The decisive factor is whether the effort to restore exceeds the usual extent. In disputes, courts assess whether professional repairs are necessary or simple filling suffices. Relevant civil rules are in the BGB; procedural rules for court disputes are in the ZPO.[1][2]
When landlords may deduct costs
A deduction from the deposit is only permissible if a concrete damage exists and the amount of costs is comprehensible. Flat deductions without proof are not permissible. If the landlord asserts costs, always request an invoice or cost estimate. If in doubt, the local court can clarify the matter; procedures are regulated by the ZPO.[2]
FAQ
- Who pays for removing anchors and filling drill holes?
- The person who caused the damage usually bears the costs; for ordinary wear, tenants are often not liable for costs.
- Are photos alone sufficient as evidence?
- Photos are important but should be supplemented by measurements, dates and a written protocol note.
- What to do if the landlord makes unjustified deposit deductions?
- Request proof and check deadlines; in case of dispute a lawsuit can be filed at the local court.
How-To
- Create a checklist: room, wall, exact position and number of holes.
- Take photos: overview, close-up with scale, make the date visible.
- Record measurements: measure and log diameter and depth.
- Fill in the handover protocol: enter the description and have the landlord sign.
- If necessary: send a template letter to the landlord and set a deadline for clarification.
Key Takeaways
- Small holes are often normal wear and do not automatically incur costs.
- Clear photo and measurement documentation is crucial for protecting your rights.
- Request invoices before agreeing to any cost claims.
