Restoration Checklist for Tenants in Germany

As a tenant in Germany, you often face the question of what must be restored when moving out and how to document agreements with the landlord. This guide explains clearly which restoration duties are common, how to systematically create photo evidence and which deadlines and cost shares you must consider. You will receive a practical checklist, sample wording for agreements in the lease or in writing before moving out, and guidance on using photos as evidentiary documentation. The goal is to avoid disputes, protect your tenant rights and, if necessary, prepare a court-ready chain of evidence. At the end you will find an FAQ and a step-by-step guide on how to collect evidence and prepare formal letters. Practical templates and references to relevant laws and courts are linked.

What are restoration duties?

Restoration duties determine whether and to what extent alterations in the apartment must be removed upon moving out. Often the issue is regulated in the lease as a renovation or restoration clause; general duties of the landlord and tenant are also anchored in the German Civil Code (BGB)^[1]. If clauses are unclear, case law of the Federal Court of Justice (BGH) can be decisive^[2]. As a tenant, you should first check whether there is a specific agreement in the lease and whether it complies with current case law.

Checklist: Agreeing with photo evidence

• Take photos at move-in and move-out showing date and visible details.
• Create a condition report and have the landlord countersign it.
• Record deadlines for restoration or remediation in writing (who acts by when).
• Collect cost estimates and invoices, keep copies for both parties.
• Sign the agreement in writing and archive a copy for both parties.

How to draft a secure agreement

A binding agreement should be short and specific: reason for restoration, scope, deadline, who bears costs, and the rule for evidence (e.g. photos). Example clause: "The tenant removes installations X by DD.MM.YYYY; the landlord covers Y% of the costs after presentation of two cost estimates." Specify how photos are delivered and dated (file name with date or printed reports). If uncertain, note that the clause applies only by mutual agreement.

Practical tips before moving out

• Arrange the handover appointment in writing and record it.
• Document prior communication by e-mail or letter (date, content).
• If repairs are needed, set a deadline in good time and collect evidence.

What to do in case of dispute?

If no agreement is reached, keep objections brief and factual in writing, check deadlines and consider legal steps if necessary. Tenancy disputes are usually heard in the local Amtsgericht; for higher amounts the Landgericht is responsible, and fundamental questions may be decided by the Federal Court of Justice^[3]. Documentation (photos, reports, cost estimates) is decisive for a successful claim or counterclaim.

FAQ

Must I remove everything when moving out?

Not automatically. Only if an effective, clear agreement exists in the lease or you have agreed this in writing with the landlord.

Are photos sufficient as evidence?

Yes, if photos are dated, show details and are part of an ordered documentation with a report and witnesses.

Where to take disputes?

Unclear or disputed restoration issues usually belong before the local Amtsgericht; check evidence and deadlines carefully beforehand.

How-To

1. Systematically take photos: wide shots, detail shots, record dates.
2. Create a condition report and have the landlord countersign it.
3. Draft a written agreement with deadline, scope and cost rules and provide it to both parties.
4. If no agreement is reached, set a deadline and, if necessary, submit evidence to the Amtsgericht.

Help and Support

• BGB §§ 535–580a (Tenancy law) — Gesetze im Internet
• BGH decisions — Federal Court of Justice
• Information on local courts — justiz.de

---

1. [1] BGB §535 — Gesetze im Internet
2. [2] Decisions of the BGH on tenancy law — Bundesgerichtshof
3. [3] Local courts and jurisdictions — justiz.de