Parquet Damage for Tenants in Germany

As a tenant in Germany, parquet damage can quickly lead to disputes with the landlord if it is unclear whether it is normal wear or preventable damage. This article explains in plain language how to classify damage to engineered or solid wood parquet, which evidence matters and how to formally inform the landlord, observe deadlines and protect the deposit. I describe simple documentation steps, practical examples for handover protocols and which legal foundations in tenancy law and the BGB are relevant. The goal is to avoid conflicts or to be prepared for negotiations or court if necessary. At the end you will find a step-by-step guide, frequently asked questions and links to official sources.

How to classify parquet damage?

First distinguish between normal wear (e.g. light scratches from everyday use) and preventable damage (e.g. deep dents from improper moving). Age, use and maintenance of the floor are decisive. If in doubt, compare photos with the handover protocol. Legally, the landlord is generally responsible for maintaining the rented property; the tenant is liable only for damage that goes beyond ordinary wear and tear^[1].

What and how to document?

Careful documentation strengthens your position in case of inquiries or legal proceedings. Note date, place and circumstances and keep all receipts.

• Take photos from several angles (evidence).
• Record date and time (time).
• Keep invoices, receipts and cost estimates (payment).
• Check the handover protocol and record any defects in writing (form).

Law, deadlines and courts

The central rules for tenancy relationships are contained in the BGB; important provisions on duties and maintenance can be found, for example, in § 535 et seq.^[1] If you consider court action, the local court (Amtsgericht) is usually competent in the first instance; procedural matters are governed by the ZPO^[2]. For precedent-setting questions, higher instances such as the Federal Court of Justice (BGH) decide^[3].

Practical steps for tenants

As an order of actions, document first, inform the landlord, obtain cost estimates, secure an expert assessment and only then consider legal steps if necessary.

• Collect complete documentation (evidence).
• Inform the landlord in writing and set a deadline (form).
• Obtain a cost estimate from a specialist company (repair).
• If there is no agreement, check whether a claim in the local court is appropriate (court).

Frequently Asked Questions

Who pays for parquet repairs?

The landlord generally bears the costs for maintenance. The tenant may be liable for damage that goes beyond normal wear; the exact distinction depends on circumstances and the evidence available^[1].

When is the deposit affected?

Repair costs may be set off against the deposit if the landlord can prove the damage. Receipts and cost estimates are important here.

What role does the handover protocol play?

A detailed handover protocol protects tenants because it documents existing defects and can make later claims more difficult.

How-To

1. Take photos and videos of the damage and timestamp them.
2. Notify the landlord in writing, describe the damage clearly and set a deadline.
3. Obtain a cost estimate from a specialist and get comparison offers.
4. If no agreement is reached, collect documents and consider whether filing a claim at the local court is sensible.

Help & Support

• BGB online: § 535 and following (Gesetze im Internet)
• Federal Court of Justice: decisions and guidance
• ZPO online: procedural rules (Gesetze im Internet)

1. [1] Gesetze im Internet — BGB § 535
2. [2] Gesetze im Internet — ZPO
3. [3] Bundesgerichtshof — Decisions