Proving Restoration Obligations: Tenant Rights in Germany

Many tenants in Germany face the question of how to correctly document restoration obligations in the handover protocol when moving out. This guide explains which details in the protocol are important, which pieces of evidence you should collect, and how deadlines, forms and competent courts work in disputes. We explain in practical terms how photos, descriptions and restoration agreements should be recorded in the protocol, when a document counts as evidence and how to contact the local court or legal advisory bodies if you are uncertain. The guidance is based on relevant legal provisions in Germany and typical decisions on evidence collection.

What are restoration obligations?

Restoration obligations describe duties in the rental agreement to undo certain structural changes when moving out. Examples include removing permanently installed shelves, reversing installed fixtures, or restoring original flooring. Whether an obligation exists usually depends on the wording of the lease and any written agreement.

Important content in the handover protocol

The handover protocol is your key evidence. The following details should always be included in the protocol:

• Date and time of handover and the names of all attendees.
• Exact description of each alteration with location in the room.
• Photo documentation with dates and short captions.
• Agreements on restoration: deadlines, who pays, and acceptance procedure.
• Signatures of all parties or a note if a party refuses to sign.

Evidence beyond the protocol

In addition to the protocol, keep your own evidence: digitized photos, emails with agreements, contractor quotes and receipts. These documents help to prove the scope and cost of a restoration.

Practical example: documentation

• Photo sequence: wide shot, close-up, detail with scale.
• Save files with date and short comment (e.g. "2024-08-01 wall-shelf-removal").
• Create a list of all agreed restoration tasks with cost estimates.

Deadlines, forms and competent bodies

Relevant legal bases can be found in the German Civil Code (BGB)^[1]. Disputes over burden of proof or interpretation are usually decided by the local court (Amtsgericht) as first instance; higher rulings may come from the Federal Court of Justice (BGH)^[2]. For claim forms and filing guidance many tenants use the central justice portal^[3].

What to do if you disagree with the landlord?

Try a written agreement first: describe the agreed restoration tasks, deadlines and cost sharing and have both parties sign the document. If no agreement is reached, the following steps are common:

• Send a written request for clarification by registered mail with return receipt.
• Obtain a contractor's estimate and quote for costs.
• If necessary, initiate court proceedings at the competent local court.

Forms and templates (official)

Important official forms and guidance are available via the justice portal or court websites. Examples and their use:

• Filing a claim (civil) – when you pursue reimbursement of restoration costs; use the form of the competent court.
• Written restoration agreement – as a private document to avoid later disputes.

FAQ

Who bears the burden of proof for restoration?

As a rule, the party who demands restoration under the contract must prove the necessity and scope; the handover protocol can shift the burden in favor of the tenant.

Can the landlord demand restoration retroactively?

Only if the lease or a written agreement provides for it or if the alteration goes beyond what is customary; sudden demands should be explained in writing.

What is the role of the local court?

The local court is the first-instance body for many tenancy disputes, such as claims for restoration costs or eviction.

How-To

1. Create a detailed handover protocol at move-out with date, names, photo links and descriptions.
2. Attach written restoration agreements to the protocol and have both parties sign.
3. Secure contractor offers and receipts as proof of costs.
4. If no agreement is reached, present evidence to the local court and use official claim forms.

Help & Support

• German Civil Code (BGB) – gesetze-im-internet.de
• Federal Court of Justice (BGH) – bundesgerichtshof.de
• Justice portal – justiz.de

1. [1] German Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Decisions of the Federal Court of Justice (BGH) — bundesgerichtshof.de
3. [3] Justice portal of the German courts — justiz.de