Tenant Rights: Drill Holes & Anchors in Germany
Many tenants in Germany wonder how drill holes and anchors should be handled during move-out or in handover reports. This raises questions such as: Will holes be charged as cosmetic repairs? Must the installation of shelves be approved? In this article I explain step by step how to correctly document drill holes and anchors, what rights tenants have under the BGB and how to respond to defects or unjustified claims by the landlord. The advice is practical: which photos and notes are important, how to draft a written defect notice and when a trip to the local court may be necessary. The goal is to give you clear action steps for Germany.
What does the law regulate?
The landlord is obliged to maintain the rental property in a condition suitable for contractual use; the basic rules are found in the Civil Code (BGB).[1] Rules for court proceedings are set out in the Code of Civil Procedure (ZPO).[2] In practice, the question is often whether drill holes are normal wear and tear or alterations to be remedied by the tenant; relevant Federal Court of Justice (BGH) rulings can offer guidance.[3]
Documentation: What should be in the report?
- Photos with date and scale of each drill site, including an overall shot of the room.
- Notes with exact details: room, wall, height from floor, and the plugs/screws used.
- Witnesses or roommates who can confirm the condition (name, date, brief statement).
- Entry in the handover report: a clear sentence such as "Drill holes (number X) in wall Y, plugs present."
If the landlord makes claims
If the landlord demands repair or cost reimbursement, first request a written justification and check whether the claim is reasonable. Many disputes concern whether the holes exceed normal wear and tear. Support your statements with photos and the report; keep copies of all correspondence. Send defect notifications and replies preferably by registered mail or by email with delivery confirmation.
Forms and templates (official guidance)
- Defect notice (no legally required template): describe the defect, date, and requested deadline for remedy; example: "I hereby report drill holes in wall X and request a written response within 14 days."
- Termination letter (template from the Federal Ministry of Justice - observe the template): required if a tenancy is to be ended; always drafted in accordance with the BGB and deadlines.[4]
- Complaint filing at the competent local court (if an eviction suit becomes necessary): submission and formal requirements are governed by the ZPO.[2]
FAQ
- 1. Do I always have to fill holes when moving out?
- Not necessarily; it depends on the extent and the agreements in the lease. Small plug holes are often considered normal wear and tear; major alterations can entail costs.[1]
- 2. Can the landlord send an invoice immediately?
- The landlord must justify the claim and prove that the costs are necessary; you have the right to inspect receipts and an appropriate period to respond.[1]
- 3. What is the best first step?
- Document immediately: photos, notes and an entry in the handover report; then send a short written defect notice to the landlord.
How-To
- Take photos of all drill holes from multiple angles with a scale.
- Note location, number and type of plugs used and the installation date.
- Send a written defect notice to the landlord and request confirmation within a deadline.
- If no agreement is reached, prepare documents for the local court and review procedural rules under the ZPO.[2]
Key takeaways
- Documentation is the most important basis in disputes.
- Keep all evidence and reports until the issue is resolved.
- Seek legal advice if deadlines or large claims threaten.
Help and Support / Resources
- Gesetze im Internet: Civil Code (BGB) – relevant tenancy sections
- Gesetze im Internet: Code of Civil Procedure (ZPO)
- Federal Court of Justice (BGH) – tenancy rulings
- Federal Ministry of Justice (BMJ) – information and templates
