Tenant Return Obligations in Germany: Avoid Mistakes
Tenants in Germany often face questions when moving out about which return obligations apply and how to secure photo evidence legally. This guide explains in clear language which documentation, deadlines and forms commonly cause mistakes and how you as a tenant can avoid costs, disputes and unnecessary arguments with the landlord. We give practical steps for photo documentation, point to relevant laws and courts, and list official forms that are useful. At the end you will find a short FAQ, a practical how‑to and official help links so you know how to proceed.
What are return obligations?
Return obligations describe duties to restore certain fixtures or alterations to their original condition when the contract ends. They can be written in the lease or arise from agreements between tenant and landlord; legal bases can be found in the BGB.[1]
Return obligations can be agreed contractually or determined by law.
Common mistakes with return obligations
- Insufficient photo documentation (evidence): Photos without date, location or comparison shots provide little probative value.
- Ignoring deadlines (deadline): Important dates are missed, for example for responses or defect remediation.
- Missing written forms (form): No handover protocol or written damage report is prepared.
- Repairs without documentation (repair): Unilateral repairs without photos and invoices complicate accounting.
- Neglecting the deposit settlement (deposit): Unclear cost items are not reviewed promptly.
Respond within set deadlines or you risk losing claims.
Photos and evidence: Practical steps
Take several photos of each relevant damage from different angles, note date and time in the file name and ideally add a short description. Store original files on at least two media or in cloud storage. If possible, take before/after comparisons and create a simple handover protocol as a PDF to send to the landlord.
Keep original invoices and photo backups in a safe place.
FAQ
- Who decides on return obligations, landlord or court?
- Usually the lease clarifies the duties. If no agreement is possible, the competent local court (Amtsgericht) decides in a dispute.[3]
- Which laws apply to return and defects?
- The rules of the German Civil Code (BGB) on duties and use of the leased property are decisive; §§ 535 et seq. are relevant.[1]
- How do I submit evidence in a legal dispute?
- Photos, invoices, handover protocols and correspondence are evidence; formal lawsuits are subject to the Civil Procedure Code (ZPO).[2]
How-To
- Check the lease first and note agreed return obligations.
- Photograph all relevant areas systematically and save images with date and location (evidence).
- Create a handover protocol as a PDF and send it by registered mail or email to the landlord (form).
- Observe deadlines for defect reports and approvals for repairs (deadline).
- If no agreement is reached, inform the competent local court and prepare your evidence (court).[3]
Key takeaways
- Always document damage with photos, date and short description (evidence).
- Use a handover protocol and keep all invoices (form).
- Note and respect deadlines (deadline).
Help and Support / Resources
- BGB §§ 535–580a (law)
- Information on local courts and jurisdiction (court)
- Federal Ministry of Justice and Consumer Protection (contact)
