Removal of Fixtures 2025: Tenant Rights in Germany

Many tenants in Germany wonder in 2025 which rules apply to the removal of fixtures. Whether fitted kitchens, shelving or custom cabinets – what matters is the lease, which structural changes were made and who pays the costs. This guide explains clearly what rights and duties tenants and landlords have, which deadlines to observe and how to document damage and consent. You will also read which steps are possible in conflicts, how a proceeding at the local court (Amtsgericht) works and which official sources and forms you should use to carry out the removal lawfully and with minimal conflict.

What applies in 2025 to the removal of fixtures?

In general, the lease and the German Civil Code (BGB) determine the obligations for structural changes and removal. According to tenancy law, landlords must keep the rented property in the agreed condition; changes by tenants can give rise to an obligation to restore the original state at the end of the tenancy.^[1] Therefore, first check your lease for dismantling clauses, talk to your landlord and document agreements in writing.

Key points at a glance

• Check deadlines for removal and communicate in time.
• Record and keep written agreements and consents.
• Clarify who pays for materials and labor.
• Secure photos, invoices and witness statements as evidence.

Fixtures vs. structural changes

Fixtures such as freestanding kitchen furniture or shelves can be treated differently from permanently installed structural changes. Custom-made or permanently attached fixtures more often lead to removal obligations. If the lease is silent, detailed documentation and possibly legal advice or court clarification help.

How to implement removal lawfully?

1. Inform the landlord in writing about the planned measure and offer dates.
2. Set clear deadlines for removal or consensual solutions.
3. Hire qualified craftsmen and keep quotes and invoices.
4. Document the condition before and after removal with photos and a handover protocol.
5. In case of disagreement: consider contacting the local court or filing a claim under the ZPO.^[2]

FAQ

Who must pay for the removal?

If the lease does not state otherwise, the tenant may be responsible for removal, especially for permanently installed changes.

Can the landlord demand removal?

Yes, if the lease contains a removal obligation or the change is structural and permanent; the local court may decide in case of dispute.^[3]

Which evidence helps in court?

Photos, invoices, witness statements, written agreements and handover protocols are decisive pieces of evidence.

How-To

1. Check the lease and mark dismantling clauses.
2. Take comprehensive photos of the condition before installation or modification.
3. Send a formal notice to the landlord and request written clarification.
4. Obtain cost estimates and prepare a handover protocol.
5. In case of dispute: consider filing a claim at the competent local court and refer to ZPO provisions.^[2]

Help and Support / Resources

• Official texts: Gesetze im Internet (BGB)
• Procedure and court info: Zivilprozessordnung (ZPO)
• Federal Court: Bundesgerichtshof decisions

1. [1] Bürgerliches Gesetzbuch (BGB) §535 ff.
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) - Decisions and information