Small Repairs on Move-Out: Tenant Rights Germany
Tenants in Germany often face claims for small repairs on move-out that concern costs, deadlines and required evidence. This article explains clearly which documents landlords may request, which deadlines apply and how you as a tenant can formally object or contest unjustified claims. You will learn which proofs (photos, handover protocol, receipts) are useful, which statutory bases in the BGB are relevant[1] and when taking the matter to the local court may be necessary. Practical tips help you meet deadlines, use sample forms correctly and enforce your rights against property management without immediately hiring a lawyer. At the end you will find an FAQ, a step-by-step guide for objection letters and links to official forms and court rulings for guidance.
Which documents matter?
If the landlord asserts small repair costs, clear evidence helps. Collect the following documents before and during the handover:
- Photos showing the defects and the general condition of the flat at move-out.
- The signed handover protocol with date and description of defects.
- Receipts or invoices for repairs carried out during the tenancy.
- Correspondence (emails, letters) about defect notifications and deadlines.
Deadlines and timing
Deadlines are decisive: respond promptly to claims and check whether the deadline is legally appropriate.
- Defect notification: As soon as possible after discovery, in writing and with a deadline.
- Objection to a statement of account: Usually within 2–4 weeks of receipt of the statement.
- Preserve evidence: Keep photos and documents until final clarification.
Forms, templates and official steps
There is no nationwide standard form for objecting to small repair claims, but for court proceedings use the official forms from the justice portal[3]. Important forms and how to use them:
- Claim form (civil action): Use if out-of-court settlement fails; example: you file a claim because a landlord demands 5250 for alleged small repairs that you can refute with evidence.
- Payment order (forms for the judicial dunning procedure): Suitable for claims about unpaid amounts; example: a tenant counterclaim for refund of unjustified deductions.
If it goes to court
Disputes over small repairs are typically decided by the local court; precedent from the Federal Court of Justice can be decisive on principle[2]. In proceedings your documentation matters: handover protocol, photos and invoices serve as evidence.
FAQ
- What counts as a small repair?
- Small repairs are usually minor maintenance works that are not labor- or material-intensive, such as changing door locks or seals, if contractually agreed.
- Do I have to pay all landlord claims?
- No. Do not pay hastily: request precise proof, file an objection and review the claim in writing.
- When is a handover protocol important?
- A signed handover protocol documents the condition at move-out and is often the decisive evidence against subsequent claims.
How-To
- Set a deadline: Ask the landlord in writing to justify the claim and provide evidence within a usual 2 64 weeks.
- Gather evidence: Send copies of photos, the handover protocol and invoices with your objection.
- Write an objection: Draft a concise objection with reasons and a deadline; send it by registered mail or other verifiable means.
- If necessary, file a claim: Use the claim form from the justice portal if no agreement is reached.
