Tenant Guide: Removing Fixtures in Germany
As a tenant in Germany you may face the question which fixtures must be removed when moving out and how to record this in the handover protocol. This practical guide explains in plain language which rights and obligations arise from the lease and the Civil Code (BGB)[1], which photographic evidence and forms you should collect and what a removal checklist looks like. You will get concrete wording for the protocol, examples of typical fixtures (kitchen, shelves, fitted cupboards) and a step-by-step guide to avoid disputes with the landlord. The aim is to give tenants in Germany confidence at the handover and prevent unnecessary costs. We also show how to meet deadlines, which courts are competent[3] and which sample forms can be helpful[2].
What belongs in the handover protocol?
Record all fixtures, their condition and specific defects. Make sure the protocol contains the date and signatures and that photos are dated.
- Photos and videos as evidence (evidence) — record position, numbering and date.
- Concrete wording for fixtures (e.g. "Fitted kitchen: no visible damage, stove missing").
- Document condition and defects (repair) with measurements and material notes.
- Agreements on removal and deadlines (move-out / return keys) should be noted clearly.
- Prepare the handover protocol in two copies for tenant and landlord.
Checklist: Removing fixtures
- Check whether the lease governs removal or retention of fixtures (repair / habitability).
- Take photos of all fixtures and close-ups of defects systematically and create a handover protocol (evidence).
- Secure a written agreement with the landlord about removal and costs (notice / form).
- Respect deadlines for removal and record them in the protocol (time).
FAQ
- Who has to remove fixtures?
- Whether fixtures must be removed depends on the lease and the agreements made at installation; general rules of the Civil Code (BGB) apply additionally.[1]
- What evidence is useful?
- Photos with dates, written agreements, the handover protocol and witnesses can help; keep receipts and protocols safe.
- Which court decides in a dispute?
- Many tenancy disputes are handled by the local court (Amtsgericht); higher instances are the regional court (Landgericht) or the Federal Court of Justice (BGH).[3]
How-To
- Check deadlines: identify removal and handover deadlines in the lease and agreements (time).
- Document: photograph fixtures and defects methodically and create a handover protocol (evidence).
- Negotiate: agree in writing with the landlord which fixtures may remain or must be removed; use sample forms as templates (notice / form).[2]
- Execute: carry out the removal, document the work and keep invoices (move-out).
- In case of dispute: submit collected evidence to the local court and consider legal proceedings (court).[3]
Help and Support / Resources
- BGB online and legal texts
- Federal Ministry of Justice and Consumer Protection (forms & guidance)
- Federal Court of Justice (BGH) — decisions
