Removal of Fixtures: Tenant Rights in Germany
Many tenants in Germany wonder whether they must remove fixtures such as shelves, fitted kitchens or built-in wardrobes when moving out. This decision affects the return of the deposit, the handover protocol and possible subsequent claims by the landlord. In many cases, dismantling can be contractually regulated or avoided by an amicable agreement at move-out. This article explains in a practical way which rights tenants have, how to negotiate with the landlord, which deadlines and legal bases are important and how to secure damages and useful documentation. The aim is to give you clear steps so that you can act cost-securely and legally protected when removing fixtures in Germany. Read on for practical template formulations and tips on evidentiary photos and handover appointments.
Rights and obligations when removing fixtures
Basically, the obligations of landlord and tenant are governed by the rental agreement and the German Civil Code (BGB). According to the general maintenance and usage rules, the rental agreement may contain specific clauses on installation and dismantling; if such agreements are missing, the statutory rules of tenancy law under the BGB apply.[1] Tenants must return the apartment in the condition agreed in the tenancy agreement. Blanket formulations in the contract regarding "cosmetic repairs" are often ineffective, yet concrete dismantling obligations can be legally valid.
Agreement at move-out: templates and wording
A clear agreement reduces uncertainty. Use simple written wording that regulates obligations, deadlines and condition descriptions. A recommended agreement specifies which fixtures may remain, which are to be removed and who covers the costs.
- Written agreement: Note a suggested wording for takeover or dismantling of fixtures.
- Secure photos and receipts: Collect before/after photos and purchase receipts.
- Record deadlines: By when dismantling must be carried out and how the handover appointment is arranged.
- Deposit and accounting: Agree whether costs may be deducted from the deposit.
How to negotiate? Practical steps before handover
Start planning the handover with the landlord early. Clarify whether dismantling is necessary or whether fixtures may remain by agreement. Propose concrete written formulations and document every step.
- Get in contact: Arrange an inspection appointment to clarify the condition.
- Write an agreement: Record arrangements in writing and have them confirmed by e-mail.
- Document: Take time-stamped photos during dismantling.
If the landlord insists on dismantling
If the landlord insists on dismantling, check whether the claim is contractually justified or whether an amicable solution is possible. If a dispute arises, conciliation or the local court is often competent; the rules of the Code of Civil Procedure (ZPO) apply to lawsuits.[2] In litigation, the Federal Court of Justice (BGH) may decide on individual issues of reasonableness and cost allocation.[3]
Evidence: photos, protocols and witnesses
Without conclusive documentation, defending against subsequent claims is more difficult. Create a handover protocol, have it signed by both parties and keep copies. Use date-stamped photos and add descriptions of damages or signs of wear.
FAQ
- Must I always remove fixtures when moving out?
- Not always: The decisive factors are the tenancy agreement and concrete arrangements. If there is no dismantling clause, there is often no automatic obligation to dismantle.
- Who pays for dismantling or repairs?
- This depends on the agreement and the cause of the damage. If dismantling was contractually agreed, the tenant generally bears the costs; otherwise individual arrangements are possible.
- What to do in disputes over dismantling costs?
- Collect evidence, try to reach an agreement first, and if necessary contact a conciliation body or the local court.
How-To
- Collect evidence: Photograph fixtures, damages and the overall condition.
- Draft a written agreement: Define dismantling, deadlines and cost responsibility.
- Observe deadlines: Set dates for dismantling and handover.
- Document the handover: Create a handover protocol and have both parties sign it.
- Resolve disputes: Use conciliation, legal advice or the local court to enforce your rights.
Key Takeaways
- Documentation is central and protects against later claims.
- Written agreements create legal clarity and should include deadlines.
- Respond promptly to claims to avoid court costs.
