Parquet Damage: Tenant Rights in Germany

As a tenant in Germany, you may encounter parquet damage during move-in, move-out, or after extended use. This guide explains clearly and practically how to classify parquet damage, which evidence is useful and when the landlord or you as tenant are liable. I describe concrete steps for documentation, deadlines for reporting, and the most important legal bases such as the BGB and the jurisdiction of the local court. The goal is to give you confidence so you can report damage correctly, avoid unnecessary costs, and be prepared in case of dispute.

What counts as parquet damage?

Parquet damage are visible impairments such as scratches, dents, discoloration or swollen wood. Crucial for legal assessment is whether the defect arose from normal wear and tear or from improper handling/causation. Small scratches after long use are usually wear; deep damage from furniture or improper care products can be chargeable. Note date and circumstances of occurrence and compare the condition with the documented move-in state.

How to properly prove damage?

Good documentation increases your chances in a dispute. Take high-resolution photos from multiple angles in daylight, date the images and save raw files. Keep a short damage log with location, suspected cause and any witnesses. Send a written defect notice to the landlord by registered mail or email with read receipt and attach photos. Keep all receipts such as invoices for repairs or cleaning.

Who pays: landlord or tenant?

Liability depends on the reason for the damage. Ordinary wear is usually not paid by the tenant; negligent damage is. If uncertain, obtain an estimate from a specialist. Discuss repair proposals in writing and demand detailed cost breakdowns before large deductions. Legal bases include the provisions of the Civil Code (BGB), especially regarding duties and defects.^[1]

Practical steps: documentation and reporting

1. Photograph and date all visible damage immediately and save original files.
2. Write a brief written defect notice to the landlord and send it by registered mail or email with read receipt.
3. For major damage, obtain an estimate from a specialist company and request it in writing.
4. If no agreement is reached, consider filing a claim at the competent local court (tenancy disputes).

Forms and official templates

There is no standardized "parquet damage form", but important official sources and templates are helpful:

• "Termination letter / templates" and consumer information at the Federal Ministry of Justice and Consumer Protection (BMJV) serve as examples for written letters to landlords.^[2]
• Statutory texts such as the BGB show rights and duties in writing; use these references for your argumentation.^[1]
• For court steps you will find guidance on statements of claim and procedural questions at the courts or local court websites in your region.

FAQ

Who bears the cost for repairing small scratches?

Small scratches from normal wear are usually not subject to compensation; the landlord must accept this unless the scratches exceed normal use.

Can the landlord withhold flat fees from the deposit at move-out?

Flat deductions without proof are legally problematic; the landlord must prove specific damages and demonstrate costs.

What deadlines apply for reporting damage?

Defects should be reported immediately after discovery; when in doubt, a written report within a few days up to two weeks is advisable.

How-To

1. Record damage: photos, date, brief note on origin.
2. Send a written defect notice to the landlord with supporting photos.
3. Obtain an estimate for major damage and request it.
4. If no agreement, submit your documents to the competent local court.

Key takeaways

• Documentation is the tenant's most important protection.
• The difference between normal wear and actual damage decides liability.
• The local court (Amtsgericht) is the first instance for tenancy disputes.

Help and Support / Resources

• BMJV information page for citizens
• Gesetze im Internet (BGB, ZPO)
• Federal Court of Justice (BGH) - Decisions

1. [1] Gesetze im Internet - BGB
2. [2] Federal Ministry of Justice and Consumer Protection
3. [3] Federal Court of Justice (BGH)