Tenant Guide: Final Renovation Documents in Germany
As a tenant in Germany, you often face the question which documents and deadlines matter for final renovation and how to secure claims against the landlord in the handover protocol. This guide explains in clear language which records (photos, handover protocol, defect lists, receipts for payments), which time limits for reporting defects, and which legal bases in the BGB are relevant. You receive practical steps on how to collect documentation, meet deadlines and enforce claims — including when an application for legal aid (processkostenhilfe) makes sense and which courts are responsible. The text is written for tenants without legal background. Read on for sample templates, deadline overviews and tips on securing evidence.
Which documents to collect?
- Photos of damage and defects (evidence, photos) – document date, time and context.
- Complete handover protocol (document) – note defects in writing and have both parties sign.
- Receipts and invoices for repairs or payments (payment, receipt) – store receipts separately.
- Defect lists and appointment confirmations (repair, deadline) – keep a running list with dates.
Deadlines and deadline calculation
Deadlines are crucial: report discoverable defects promptly in writing and with proof, otherwise claims can become difficult. For hidden defects, deadlines typically start when the defect is discovered; for obvious defects, from the day of handover. Legal bases can be found in the BGB.[1]
- Report defects within a reasonable deadline (deadline) – in writing with a set time limit.
- Evidence preservation deadlines (calendar) – take photos immediately and secure dates.
- Deadlines to object to bills (form) – check and object in writing.
How to enforce defects and claims
Proceed step by step: written defect notice with deadline, evidence preservation (photos, protocol), consider rent reduction and collect documentation. In disputes the local court (Amtsgericht) is competent; procedural rules are in the ZPO.[2]
- Notify in writing (notice) – keep it short, set a deadline and send by registered mail or e‑mail with delivery proof.
- Collect evidence (evidence) – photos, invoices, witnesses, handover protocol.
- Contact the other party (call) – remind the landlord in writing, set a deadline and propose a solution.
- Court action if necessary (court) – file suit only after careful review; see forms and procedural info at the justice portal.[3]
Handover protocol: form and evidential value
A comprehensive handover protocol protects both parties. Note every detail, attach photos and have each page signed by both parties. In later disputes the protocol is an important piece of evidence; the Federal Court of Justice has repeatedly confirmed its importance.[4]
FAQ
- What deadline do I have to report defects after handover?
- Obvious defects should be reported immediately, at the latest within a few days, in writing; hidden defects upon discovery.
- Can the landlord demand a blanket final renovation?
- Not every contractual clause is valid; rigid cosmetic repair clauses can be invalid. Check the lease and seek legal advice if in doubt.
- When is legal aid (Prozesskostenhilfe) appropriate?
- If litigation costs exceed your financial means, legal aid can be applied for; relevant forms and information are available at the justice portal.[3]
How-To
- Collect evidence immediately: photos, protocol, invoices (evidence).
- Write a defect notice with a deadline and send it with proof of delivery (form, deadline).
- Contact the landlord and offer a deadline for remedy (call).
- Prepare documents for the local court and check legal aid options if needed (court, form).
Key takeaways
- Documentation is your main evidence.
- Meeting deadlines often decides success or failure.
- A signed handover protocol reduces later disputes.
