Tenant Questions on Parquet Damage in Germany

As a tenant in Germany, it is common to discuss parquet damage or signs of wear when moving out. Many misunderstandings arise because terms like "wear", "damage", or "cosmetic repairs" are not clearly distinguished. In this text we explain in plain language how to assess parquet damage correctly in the handover protocol, which mistakes to avoid, and which steps are sensible in case of dispute with the landlord at a local court. You will learn how to document damage systematically (photos, date, witnesses), which deadlines and formalities apply, and when an expert report may be necessary. Practical examples show how a correct handover protocol is worded and which formulations help avoid conflicts.

What counts as parquet damage?

Parquet damage exists when the parquet is damaged beyond normal wear: deep scratches, large discolourations, or water damage. Normal wear from daily use is generally not liable for compensation. The legal duties of landlord and tenant are derived from tenancy law in the BGB^[1] and often depend on length of tenancy, contract agreements, and condition at move-in.

Common mistakes in the handover protocol

• No or blurry photos: many proofs are missing later.
• Imprecise wording like "minor wear" without dates.
• Missing signatures of landlord and tenant in the protocol.
• Failure to send a written defect notice or no receipt confirmation.

How to document damage

Good documentation reduces disputes: date, detailed photos from multiple angles, measurements (e.g. length of a scratch) and witness information are helpful. Save images with date/time and create a short protocol with text and photo references.

• Photos: close-ups and overall views from different angles.
• Record date: photos with timestamp or separate date entry in the protocol.
• Send a written defect notice to the landlord (registered mail possible).^[4]
• Name witnesses: neighbors or persons present at the handover.
• For larger damage: obtain a cost estimate or expert report.

Forms and court procedure

Often a formal defect notice is sufficient; in case of dispute, proceedings at the local court may be necessary. Tenancy obligations are regulated in the BGB^[1], civil procedure in the ZPO^[2]. The Federal Court of Justice (BGH) has numerous rulings on distinguishing wear from damage that guide courts^[3].

Important official forms or steps (examples):

• Termination letter (template): when ending the contract and damages are part of the settlement; example: wording with deadline and damage notice.
• Payment order (Mahnbescheid): for outstanding claims by the landlord, as a precursor to a lawsuit (at the competent local court).
• Eviction claim / lawsuit form: if the landlord seeks eviction; the procedure runs via the local court and possibly the regional court.

FAQ

1) Do I have to pay for worn parquet?

No, normal wear from contractual use is usually not compensable. Liability arises for excessive or culpably caused damage.

2) Which deadlines matter for reporting defects?

Defects should be reported in writing as soon as possible. For payment claims or lawsuits, deadlines of the ZPO apply; pay attention to deadlines stated in letters.

3) When is an expert report advisable?

For higher dispute values or unclear facts, an independent expert report is recommended, especially when cost allocation is disputed.

How-To

1. Take photos: close-ups and overall views with a date stamp.
2. Draft and send a written defect notice to the landlord (consider registered mail).^[4]
3. Document deadlines: set a deadline for repair and note the start date.
4. Obtain an expert report if necessary.
5. Consider filing a claim at the local court if negotiations fail and seek legal advice.

Key Takeaways

• Clear, dated photos and precise protocol entries are decisive evidence.
• Use written defect notices and keep delivery proof.
• Consider expert opinions for significant disputes.

Help and Support

• BGB §§ 535–580a — Gesetze im Internet
• BGH tenancy decisions — Federal Court of Justice
• Federal Ministry of Justice — forms & information

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] BGH Mietrecht Entscheidungen — Bundesgerichtshof
4. [4] Formulare & Mahnverfahren — Justizportal