Tenant Rights: Nail & Drill Holes in Germany

As a tenant in Germany you will often encounter small damages like nail or drill holes, especially in student-occupied flats. Many wonder whether such holes count as cosmetic repairs, who pays the costs and how to securely document evidence. This guide explains in plain terms the rules under the BGB^[1], how to draft a written defect notice, which forms may be relevant and when a case goes to the local court (Amtsgericht)^[2]. Read practical steps, examples and tips so you can review possible claims objectively and effectively assert your rights in Germany.

How tenants assess nail and drill holes

Whether a nail or drill hole is normal wear or tenant-liable damage depends on size, number and duration of use. Very small, isolated holes are often not considered tenant liability, while numerous or large drill holes can lead the landlord to claim restoration costs. Legal guidance is based on the lease and maintenance duties; key provisions are in the BGB regarding maintenance and rent reduction^[1].

Documentation and evidence

Good documentation often decides disputes. Take photos promptly, note the time, room and size, and keep all communication with the landlord.

• Take photos of holes (evidence) and record date and location.
• Record measurements and counts and compare with move-in photos if available.
• Send a written defect notice to the landlord and prove receipt (contact).
• Collect cost estimates or invoices from tradespeople if repairs are needed (repair).

Deadlines, forms and legal jurisdiction

Act quickly: there is no single statutory deadline for defect notices, but limitation and response periods apply for court actions. Payment and eviction disputes are usually decided at the local Amtsgericht; appeals go to the Landgericht and possibly the Federal Court of Justice (BGH)^[2]. Official templates and form information are available from relevant authorities and ministries^[3]. When drafting a letter include the date, precise description and a deadline for remedy.

FAQ

Does a single nail hole count as a cosmetic repair?

A single small nail hole is often not considered tenant-liable; assessment depends on number, size and lease terms.

Who pays for repairs when there are multiple drill holes?

If drill holes are numerous or visible, the landlord may demand costs, especially if they require significant restoration.

How do I correctly write a defect notice?

Write it with date, precise description, include photos and set a reasonable deadline; prove receipt (e.g. registered mail).

How-To

1. Document immediately: take photos, note measurements and dates (within 14 days).
2. Send a written defect notice to the landlord and request remedy within a clear timeframe (notice).
3. Contact the landlord or tenant advisory service to seek an amicable solution (contact).
4. If unresolved, consider filing a claim at the local court and present your documentation as evidence (court).

Key Takeaways

• Good photo and written documentation matters more than blame allocation in many disputes.
• Written defect notices with a deadline protect your rights and create clarity.

Help and Support

• Gesetze im Internet: BGB §535 – Gesetze im Internet
• Bundesgerichtshof (BGH) – Informations and rulings
• Federal Ministry of Justice – Forms and guidance

1. [1] BGB §535 – Gesetze im Internet
2. [2] Bundesgerichtshof – Veröffentlichungen
3. [3] Bundesministerium der Justiz – Formulare und Service