Tenant Guide: Nail and Drill Holes in Germany

As a tenant in Germany, it can be important to correctly assess nail and drill holes in walls: whether they are normal signs of wear or a damage that justifies repair costs or deductions from the deposit. This guide explains in plain language how to document holes, identify deadlines and duties of landlord and tenant, and what evidence a court or local authority needs. You will get practical steps for photographing, logging, reporting defects and, if necessary, preparing a rent reduction or lawsuit. Legal notes refer to relevant provisions of the BGB and procedural rules so you can make informed decisions in Germany. ^[1]

What counts as damage?

Not every drill hole is automatically a compensable damage. Small picture nails are often considered normal wear, while large drill holes or improper anchors can be treated as damages that require repair responsibility. Decisive factors are size, number, location (load-bearing wall vs. surface) and whether filling or plaster work is required. For structural interventions it must be checked whether the change was authorized or impairs the usability of the rooms.

Step-by-step: Inspecting and documenting holes

1. Take photos of all affected spots from multiple angles with a scale (e.g., ruler or coin) and note the date.
2. Create a short damage log: location, size, date of occurrence and who performed the work.
3. Send a written defect notice to the landlord requesting a response or repair; set a deadline.
4. Observe deadlines: landlords should react promptly; set a reasonable deadline (for example 14 days) for simple defects.
5. For small holes: wait to see if repair falls under cosmetic repairs or is covered by the landlord.
6. If necessary: secure evidence and check whether a rent reduction, cost claim or lawsuit is appropriate; the local court is usually responsible. ^[2]

Rights, duties and legal bases

Landlords have maintenance duties under the German Civil Code (BGB); tenants must report defects and may not make significant alterations without consent. The most important tenancy provisions are found in the BGB; in disputes, the Code of Civil Procedure (ZPO) applies to lawsuits and evidence. ^[1][3]

Practical tips for securing evidence

• Make date and time visible in photos or note them separately.
• Keep a copy of the handover protocol (move-in and move-out).
• Send defect notices by registered mail or email with delivery confirmation.
• Obtain estimates from craftsmen if unsure.

Frequently Asked Questions

When should I report holes to the landlord?

You should report holes as soon as they go beyond normal wear or impair the usability of the premises; send a written defect notice with a deadline.

Who pays for repairs?

It depends on cause and extent: small screw holes are often wear, while extensive drillings or damage from external contractors can be charged to the person responsible.

Can I reduce the rent because of holes?

A rent reduction is only possible for substantial impairments and should be legally reviewed; document the defect and inform the landlord in writing.

How-To

1. Make photos and a log.
2. Report the defect in writing and set a repair deadline.
3. Wait for the landlord's response; if none, set a grace period.
4. Collect estimates and negotiate cost coverage if needed.
5. If disputes persist, consider whether a local court procedure is necessary and prepare evidence. ^[2]

Help and Support / Resources

• BGB §535 Landlord Duties (gesetze-im-internet.de)
• Federal Court of Justice - Decisions (bundesgerichtshof.de)
• Code of Civil Procedure (ZPO) - Procedural rules (gesetze-im-internet.de)

1. [1] BGB §535 - Landlord Duties
2. [2] Federal Court of Justice - Jurisdiction and Decisions
3. [3] ZPO - Code of Civil Procedure