Tenant Restoration Duties in Germany

When moving out, many tenants in Germany face practical questions: must the apartment be restored to its original condition, which clauses in the lease apply, and which deadlines must be met? This article explains in plain language what restoration duties mean, which exceptions may apply, and how to document damage, small repairs and the handover. The goal is to give tenants concrete steps to avoid disputes or to be prepared if a dispute goes to court. We also name the relevant legal provisions, the competent court and important official forms so you know where to initiate formal steps.

What "restoration duty" means

Restoration duties describe obligations to remove certain structural changes or fixtures when moving out. The legal basis for tenancy is in the German Civil Code (BGB), especially provisions about landlord and tenant rights and duties ^[1]. Whether a restoration duty exists often depends on individual lease clauses and whether the landlord consented to the alteration.

When must the tenant restore?

Typical cases include fixtures like built-in wardrobes, flooring, fitted kitchens or fixed structural changes. It is decisive whether the lease contains a restoration obligation or whether the landlord approved the installation. If there is no clear agreement, the condition at the start of the lease is often decisive. In case of uncertainty, a court clarification can be sought at the competent local court (Amtsgericht) ^[2].

• Check deadlines (deadline): Clarify by when restoration or repairs must be completed.
• Do minor repairs (repair): Minor repairs should be completed before handover.
• Return keys (return keys): Schedule the key handover on time.
• Secure documentation (evidence): Take photos and create protocols as evidence.

Common exceptions and permissible alterations

Not every installation must automatically be removed. Landlord consent, agreements on permanent improvements or legal limits can exclude restoration duties. Minor repair clauses often allocate small repair costs, while substantial structural changes typically require approval.

Practical checklist before handover

• Check the lease and note deadlines (form): Look specifically for restoration clauses.
• Complete minor repairs (repair): Fill holes, replace faulty sockets, perform touch-ups.
• Create photos and a handover protocol (evidence): Document condition and have the protocol signed.
• Schedule key handover (return keys): Request written confirmation of return.

How-To

1. Check the lease and note deadlines (form): Read restoration clauses and agreed obligations carefully.
2. Document (evidence): Take photos before and after repairs and keep a handover protocol.
3. Repair or offer alternatives (repair): Fix small defects or propose solutions to the landlord.
4. Handover and secure receipts (return keys): Have the handover protocol signed and keep copies.

FAQ

1. Do I have to restore everything to the original condition when moving out?

It depends on the lease and agreements with the landlord; without agreement, not everything is automatically subject to restoration.

2. Who decides on disputes about restoration duties?

Initially the local court (Amtsgericht); higher instances are the regional court (Landgericht) and ultimately the Federal Court of Justice (BGH) for appealable questions.

3. Which forms are important?

Relevant are lease termination templates, handover protocols and, if needed, complaint or court forms; official forms can be found at the competent justice authorities ^[3].

Help and Support / Resources

• Gesetze im Internet (BGB) - Federal Ministry of Justice
• Federal Court of Justice (BGH)
• Federal Ministry of Justice and Consumer Protection (BMJV)

1. [1] BGB §§ 535–580a – gesetze-im-internet.de
2. [2] Bundesgerichtshof – bundesgerichtshof.de
3. [3] Bundesministerium der Justiz und für Verbraucherschutz – bmjv.de