Assessing Parquet Damage: Tenant Rights in Germany

As a tenant in Germany you often wonder who is responsible for parquet damage and how to avoid disputes with your landlord. This guide explains clearly how damage is classified, the role of wear and tear, gross negligence or improper treatment, and which evidence tenants should collect. You will learn when costs are likely to be borne by tenant behaviour, how photos, handover records and witnesses help, and which legal bases in the BGB are relevant. I also show simple steps for communication with the landlord, documentation and when legal clarification before the local court is sensible. The goal is to reach a fair solution without costly litigation.

When are parquet damages tenant or landlord responsibility?

Whether a parquet damage must be borne by the tenant depends on the cause: normal wear from proper use is usually the landlord's responsibility, while gross negligence or intentional damage can make the tenant liable. Important legal bases can be found in the Civil Code (BGB), especially regarding landlord duties and repair obligations.^[1]

Collecting evidence

Good documentation often decides about success or failure. Collect all relevant documents and receipts early.

• Photos with date and precise description of the spot.
• Handover protocol from move-in or move-out.
• Invoices for care or repairs.
• Witness statements or written confirmations.
• Tenancy agreement and inventory list, if available.

Forms and legal steps

There are templates and forms on official justice sites. Relevant examples include:

• Lawsuit / complaint: templates and guidance for filing at the local court are available on justice portals (form sheets, filing instructions). Use this form if amicable settlement fails; example: filing a claim for compensation equal to repair costs.
• Application for a reminder order (Mahnbescheid): for clear payment claims the reminder procedure may be useful; applications are possible via official court portals.

Practical example: You discover scratches, send photos and a written deadline of 14 days to the landlord and request estimates. If the landlord does not respond, collect invoices and consider filing a lawsuit.^[2]

Frequently Asked Questions

Who pays for parquet damage?

Generally the landlord bears damage from ordinary wear; the tenant may be liable for gross negligence or intentional damage, possibly with compensation obligations.

What counts as ordinary wear?

Ordinary wear is age- or usage-related wear and tear that occurs during proper use and is not considered tenant-replaceable damage.

When is a lawsuit worthwhile?

A lawsuit at the local court can be worthwhile if evidence exists and negotiations fail; relevant decisions of the Federal Court of Justice help classify damages.^[3]

How-To

1. Take photos and secure file timestamps.
2. Notify the landlord in writing and set a deadline (e.g. 14 days).
3. Collect invoices and protocols, document the extent of damage.
4. If no agreement: consider filing at the local court.

Help and Support / Resources

• Civil Code (BGB) §§ 535–580a
• Justice Portal: Information on courts and forms
• Federal Court of Justice: Mietrecht decisions

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1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Justizportal – Informationen zu Gerichten und Formularen
3. [3] Bundesgerichtshof – Entscheidungen im Mietrecht