Nail and Drill Holes: Tenant Checklist Germany

When moving out, nail and drill holes often cause disputes between tenants and landlords. This guide explains in plain language how to distinguish damage from normal wear, which rights arise under the German Civil Code (BGB), and which evidence you should collect. You will receive clear steps for documentation, tips for communicating with your landlord, and suggested actions if a claim seems unjustified. The aim is to avoid unnecessary costs while fulfilling your obligations under the lease. Knowing deadlines, proof requirements, and possible court steps increases your chances of successfully contesting claims.

What Counts as Damage — Legal Basics

Not every small screw or drill hole is a compensable damage. Under tenancy law, typical signs of use often count as normal wear; statutory rules to consider are in the German Civil Code (BGB).^[1] If claims are made, the court examines whether the defect exceeds normal wear and tear.

Documentation: Collecting Evidence

Good documentation is crucial when you want to contest claims. Careful photos, dates and comparison images make your defense easier.

• Photos of each affected area from multiple angles with a scale (e.g., ruler or tape measure).
• Record the date and time in file names or an accompanying document.
• Keep written communication with the landlord by email or registered mail.
• If necessary: include quotes from craftsmen for repairs.

Practical Steps Before Handover

Before you hand over the flat, check the lease for clauses on cosmetic repairs and prepare a broom-clean handover protocol.

• Read your contract clauses on cosmetic repairs carefully.
• Create a handover protocol with photos that both parties sign.
• Arrange a handover appointment and confirm date/time in writing.

If the Landlord Asserts Claims

Check every claim in writing and request a detailed cost breakdown. If necessary, file an objection and set a deadline for clarification.

• Request a concrete itemization of costs and the contractor invoice.
• Set a reasonable deadline for a response (e.g., 14 days).
• Respond in writing and attach your photos and estimates.

Court Steps and Jurisdiction

If the dispute remains, you can have the issue decided in court. Local courts (Amtsgerichte) are generally responsible for tenancy disputes; appeals go to regional courts (Landgerichte) and fundamental questions to the Federal Court of Justice.^[2]

Forms and Templates — What Tenants Need

For court action there are standard rules and forms; for filing a lawsuit follow the rules of the Code of Civil Procedure (ZPO).^[1] Typical steps include a written demand, possibly a reminder, and then filing a complaint at the competent local court. For concrete sample texts, refer to official judiciary forms as guidance.^[3]

FAQ

Who pays to repair small drill holes?

Small drill holes are often normal wear; the landlord must prove that damage exceeds normal use.

Can the landlord keep my deposit because of nail holes?

Keeping the entire deposit is only allowed if real, provable repair costs exist; otherwise the deposit must be returned fully or partially.

Do I have to remove all nails and fill holes before moving out?

It depends on the lease and reasonableness; small holes are often accepted, larger damages should be repaired or documented by you.

How-To

1. Take photos: systematically record rooms and note dates.
2. Create a handover protocol: record defects and get signatures.
3. Notify the landlord: request details of any claim and set a deadline.
4. Obtain cost estimates: document comparative offers.
5. Observe deadlines: reply to counterpart deadlines to protect rights.
6. If necessary file a complaint: contact the competent local court and submit documents.

Help and Support / Resources

• German Civil Code (BGB): Tenancy rules
• Code of Civil Procedure (ZPO): Court procedure
• Federal Court of Justice (BGH): civil decisions

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Bundesgerichtshof — bundesgerichtshof.de
3. [3] Zivilprozessordnung (ZPO) — gesetze-im-internet.de