Tenant mistakes with nail and drill holes in Germany

Many tenants in Germany are unsure at move-out which nail or drill holes can endanger their deposit. Common mistakes are missing photos, no handover protocol and underestimating normal wear and tear. This text explains in simple terms how you as a tenant can protect your rights under the BGB, how to document damages sensibly and what duties the landlord has. You will receive practical steps for evidence preservation, tips for communication with the landlord and examples of official forms. The goal is to avoid litigation costs and, if necessary, to be able to act effectively in court. Read on for concrete action recommendations and deadlines that apply in Germany. At the end you will also find a FAQ and concrete how-to steps.

What counts as damage?

Not every drilling or nail hole is a repair-worthy damage. Small picture hooks are often considered normal wear and tear, while large drill holes or improperly repaired areas can incur costs. The legal foundations are set out in the German Civil Code (BGB) in §§ 535–580a.^[1]

Typical mistakes

• missing photos and timestamps (photo)
• no signed handover protocol (form)
• no before/after documentation for repairs (evidence)
• unclear cost estimates or missing invoices (deposit)
• repairs by unqualified persons without receipts (warning)

Why these mistakes can be costly

Without clear documentation, the landlord can claim the holes are larger or newer than they actually are. This often leads to deposit deductions or additional claims. Good evidence reduces the risk and improves your negotiating position.

How tenants should document damages

• Photos with date and time (photo)
• Handover protocol to be created and signed (form)
• Written communication via email or registered mail (contact)
• Keep invoices and cost estimates for work and materials (deposit)

How-To

1. Take photos immediately when you notice the damage with date information (photo).
2. Make a handover protocol at move-out and have the landlord sign it (form).
3. Inform the landlord in writing about planned repairs and request approval (contact).
4. Collect invoices and estimates for any work done (deposit).
5. If there is a dispute, set a deadline and consider court action according to the ZPO.^[2]

FAQ

Who pays for drill holes?

Small nail holes are usually normal wear and tear; larger or improperly closed drill holes can make the tenant liable.

How do I distinguish normal wear and tear from damage?

Normal wear and tear is gradual and expected; sudden, visible changes like large drill holes are often classified as damage.

What deadlines apply?

Give the landlord a reasonable deadline to respond and repair; procedural rules of the ZPO apply to court actions.^[2]

Help and Support / Resources

• Gesetze im Internet: German Civil Code (BGB)
• Gesetze im Internet: Code of Civil Procedure (ZPO)
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH)