Removing Fixtures: Tenant Duties in Germany
Many tenants in Germany face the question of whether built-in furniture, kitchens or shelves must be removed when moving out and how to do this without disputes and with legally secure documentation. This text explains in plain language which obligations arise from the tenancy, which clauses in the lease are important and how to systematically use photos, checklists and template letters to avoid or enforce claims. The guidance is aimed at tenants without a legal background and names relevant legal provisions as well as practical steps for communicating with the landlord.
When is removal necessary?
Whether removal is required usually depends on the lease and the type of fixtures: permanently installed kitchens, custom-made cabinets or structural alterations are treated differently than loose furniture. In general, the duties and rights from the Civil Code (BGB) apply to tenancies, especially the rules on maintenance and cosmetic repairs[1]. First check the contract and clarify in writing which removal obligations are presumed or expressly agreed.
Preparation: Documentation & template letters
Good documentation reduces conflicts: take photos of fixtures, condition descriptions and a list of items to be removed before any work. Determine who bears the costs and whether replacement or restoration will be required. Use a template letter to secure consent or agreements in writing; such a letter should include the date, exact description and deadlines. For formal documents, templates and guidance on official authority pages can be helpful[4].
- Document: take photos, measurements and a short damage/condition description.
- Template letters: send demands or agreements in writing and by registered mail.
- Set deadlines: agree realistic dates for removal and inspection.
Steps during the actual removal
Plan the removal so that building elements are not damaged. In case of damage, document immediately and inform the landlord in writing. If craftsmen are needed, obtain offers in advance and agree on billing arrangements. Avoid unilateral structural changes beyond simple removal; this can lead to claims for compensation.
Important on costs, deposit and inspection
The landlord may claim costs for damage or missing removal; at the same time he may not withhold the deposit without justification. Check the final utility bill and request an inspection of the removal, ideally with a joint handover protocol. If unsure about legal steps, the competent local court (Amtsgericht) is the first instance for tenancy disputes[2], with legal questions possibly reaching the Federal Court of Justice (BGH) as precedent[3].
Frequently Asked Questions
- Is removal always required for fixtures?
- No. It depends on the lease, the type of fixture and any agreements made; not every fixture must be removed.
- Who pays for the removal?
- That depends on agreements, the condition and whether the fixture belongs to the landlord or was provided by the tenant.
- What if the landlord withholds the deposit?
- Request a written accounting and substantiated evidence; if there is no satisfactory explanation, a claim at the local court can be considered.
How-To
- Step 1: Read the lease and note any agreed removal obligations.
- Step 2: Before starting, take photos and measurements and document them in a short list.
- Step 3: Send a template letter to the landlord with a description, deadline and request for inspection.
- Step 4: Carry out the removal or hire craftsmen and keep all receipts.
- Step 5: Record the inspection; if disputes arise, respect deadlines and prepare for possible court action.
