Restoration Duties for Tenants in Germany

As a tenant in Germany, you may wonder if and when you must restore parts of the apartment when moving out. Restoration duties can arise from the tenancy agreement, from arrangements in the handover protocol, or from legal obligations. This article explains in plain language which types of restoration commonly occur — such as fixtures, cables, floor coverings, or structural changes — and how to assess deadlines, evidentiary duties, and potential costs. You will learn which documents and photos are useful, how to seek an amicable solution with the landlord, and when court proceedings may be appropriate. At the end you will find practical steps and links to official authorities. Read the guidance carefully.

What are restoration duties?

Restoration duties mean that agreed or legally required alterations to the apartment must be removed or reverted when moving out. Such duties often follow from the tenancy agreement or from an individual agreement in the handover protocol. For legal classification, tenancy law provisions are particularly relevant, for example duties under the BGB.^[1]

Typical cases

• Removing fixtures (e.g. fitted kitchen, shelves)
• Returning or replacing floor coverings (e.g. carpet, laminate)
• Restoring walls and installations to their original condition
• Reverting changes to electrical or sanitary installations

Who pays and what deadlines apply?

Whether the tenant must bear the costs depends on the agreement and the type of alteration. If there is no clear regulation, it is often decisive whether the alteration goes beyond normal wear and tear or constitutes a permanent structural change. In disputes about costs or deadlines the local court (Amtsgericht) is competent; court proceedings follow the procedural rules of the ZPO.^[2][3]

Concrete steps for tenants

• Check the lease and handover protocol for agreed restoration obligations.
• Create photos and written evidence of the condition before and after alterations.
• Contact the landlord early and seek an amicable solution.
• If necessary, obtain a written cost estimate or an expert report.

Relevant forms and official steps

There is no single official "restoration" form, but the following official documents and steps are relevant for tenants: the tenancy agreement as the basis, written offers and cost estimates, and in case of dispute the application for legal aid (Prozesskostenhilfe, PKH) for proceedings before the local court. The application for legal aid helps cover court costs wholly or partially if personal resources are insufficient.^[4]

FAQ

Do I always have to restore when moving out?

Not always. It depends on contractual agreements and the nature of the alteration; normal wear and tear is usually not subject to restoration.

Who decides in case of dispute?

Disputes are typically decided by the local court (Amtsgericht); depending on the value of the claim, the case may be appealed.

What evidence helps me?

Photos, written agreements, cost estimates and witness statements are especially helpful.

How-To

1. Review your lease and handover protocol carefully to identify agreed restoration duties.
2. Create photographic documentation of the current condition and collect evidence.
3. Contact the landlord in writing and propose a solution or deadline.
4. If no agreement is reached, consider court action and the application for legal aid.^[4]

Help and Support

• Gesetze im Internet – BGB §535 ff.
• Gesetze im Internet – ZPO
• Bundesgerichtshof (BGH)

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1. [1] Gesetze im Internet – BGB §535 ff.
2. [2] Gesetze im Internet – ZPO
3. [3] Bundesgerichtshof (BGH)
4. [4] Bundesministerium der Justiz – Formulare/PKH