Tenant Rights in Germany: Seals at Move-Out
Many tenants face the question at move-out who pays for window and door seals and which documents are required. This guide is aimed especially at students and other tenants in Germany and explains clearly when seals count as cosmetic repairs, when the landlord is responsible for maintenance, and how you as a tenant can effectively collect evidence. You will receive a practical checklist for photos, repair receipts and written notifications, advice on deadlines and official forms, and a step-by-step guide on what to do if there is a dispute over deductions from the deposit. Legal sources and contacts for local courts and federal justice are linked so you can act quickly if needed.
What applies to seals?
In general, the provisions of the BGB regulate the duties of landlord and tenant: the landlord must keep the rental property in the agreed condition, which also includes ensuring the proper function of windows and doors [1]. Minor cosmetic wear may be part of cosmetic repairs in individual leases, but worn seals that impair heating or building protection usually fall under the landlord's maintenance duty.
When is replacement necessary?
Replacement is necessary when seals show cracks, cause drafts, moisture or mold, or noticeably increase heating costs. Document condition and function before move-out.
Collecting evidence: practical for students and other tenants
A clear evidence collection increases your chances of success. Collect photos, invoices and written messages to the landlord. Record dates and job numbers when tradespeople were hired.
- Take photos (photo) with date and time as proof.
- Keep invoices and receipts, even for small repairs.
- Send written defect notices by email or registered mail and document receipt.
- Save tradesmen reports if replacement or repair was necessary.
Forms, deadlines and court jurisdiction
Name defects clearly in writing and set a reasonable deadline for remedy. Legal bases are in the BGB BGB §§ 535–580a for tenant rights [1]. For standard letters there are templates, for example to report defects or to terminate, which are explained on official ministry pages BMJ sample termination letters [2]. If disputes cannot be resolved, the local court (Amtsgericht) is competent; information on court jurisdictions is available on justice portals Information on local courts [3].
FAQ
- Who pays for defective window or door seals?
- If the seal is defective due to age or normal wear, the landlord usually covers the costs; cosmetic agreements in the rental contract may create exceptions.
- Are photos sufficient as evidence?
- Photos with dates and context are strong evidence, especially combined with invoices and written communication.
- What to do if the landlord deducts from the deposit?
- Request a detailed breakdown, present your evidence and, if in disagreement, contact the competent local court or advisory services.
How-To
- Take photos and videos (evidence) of all affected seals with date stamps.
- Send a written defect notice to the landlord and set a deadline for remedy.
- If necessary hire a tradesperson and keep the invoice for documentation.
- Observe deadlines and set a second deadline if there is no response.
- If the conflict persists collect documents and bring a claim at the local court or seek advice.
