Tenant Removal Checklist in Germany
As a tenant in Germany you often must prove that fixtures were restored to their original condition when removed. This checklist explains step by step how to document removal, which photos and records matter, and how to track deadlines and communication with the landlord in a legally sound way. We explain relevant landlord and tenant duties under tenancy law, list important official forms and show practical examples of a photo-based documentation. The guidance is written so you can act without legal expertise, including notes about the local court system and statutory foundations in Germany. Read the checklist before starting work and keep all original receipts and records.
What to focus on first?
Before starting any removal: check the lease for clauses about fixtures and restoration duties and note any deadlines. The legal basics are set out in the relevant provisions of the German Civil Code (BGB).[1]
Practical checklist for photo evidence
- Take photos before removal from multiple angles (wide shots and detail shots).
- Document intermediate stages: take photos during the work and after completion.
- Ensure each photo shows date/time or preserve camera/phone metadata.
- Notify the landlord in writing about the planned removal by email and registered mail.
- Keep invoices and estimates for the work and file them chronologically.
- Record witnesses and their contact details if third parties are present during the removal.
Technical details for photos
Use good lighting, a neutral perspective and a fixed reference point (e.g., socket, window). Number images simply and maintain a digital log with date, time, location and a short description for each picture.
Communication with the landlord
Inform the landlord early in writing, describe the planned steps and attach initial photos. If the landlord raises objections, request a detailed justification and set a reasonable deadline for a response. In case of disagreement, the local court (Amtsgericht) is the competent authority for tenancy disputes and proceedings are usually conducted there.[2]
Forms and court steps
Once you have organized your evidence you can use procedural forms or contact a consumer advisory service. Official procedural forms and guidance are available on the judiciary portals of the federal states.[3] Practical example: if the landlord claims damage or eviction, use your photo documentation and chronological records to show that there is no excessive deterioration.
FAQ
- Do I have to restore fixtures when moving out?
- It depends on the lease and agreements with the landlord; generally restoration duties are determined by contract or court decision.
- How long should I keep photos and records?
- Keep photos, invoices and correspondence at least until the liability period ends or any claim has been finally resolved.
- What if the landlord demands removal and I disagree?
- Document your evidence, request a written explanation and prepare your files for possible clarification at the local court.
How-To
- Take comprehensive photos: wide shots, details and series photos.
- Label photos immediately, adding date and a brief description in the log.
- Inform the landlord in writing, attach photos and state a clear timeline.
- File invoices, estimates and receipts in chronological order.
- Engage witnesses or independent expert reports if necessary.
- If disputes arise, prepare for proceedings at the competent local court and keep digital and paper copies of all documents.
Key takeaways
- Collect photo evidence systematically and date-stamp it.
- Keep written communication with the landlord documented.
- Retain all cost documents and file them clearly.
Help and Support
- German Civil Code (gesetze-im-internet.de)
- Federal Court of Justice (BGH)
- Judiciary Portal: Forms and guidance