Tenant Rights: Parquet & Laminate Damage in Germany

As a tenant in Germany, it is important to know how to defend yourself against claims for parquet or laminate damage at move-out. Many landlords demand high costs, although normal wear and tear or improperly installed patterns are not always the tenant's responsibility. This guide explains clearly how to inspect damage, collect evidence, write a timely defect notice and which legal foundations apply. You will receive practical templates for letters to the landlord, information on legal aid (PKH) and tips for behaviour in a dispute. The language remains clear so you can act quickly — for example for rent reduction, evidence preservation or a visit to the local court.

What applies legally?

The tenancy agreement and the obligations under the Civil Code are the basis for liability questions regarding parquet or laminate damage. In particular, the rules on maintenance and the return of the rented property (§§ 535–580a BGB) are decisive.^[1] In disputed cases, the local court (Amtsgericht) is generally competent for tenancy disputes.^[2] Higher decisions by the Federal Court of Justice can serve as guidance.^[3]

Inspecting damage and securing evidence

Precise documentation is often more decisive than emotions. Collect photos, dates and witnesses to prove the condition at move-in and move-out.

• Take photos of the damage (photo) and note the date.
• Have the move-in or handover protocol ready (evidence).
• List witnesses and secure contact details (proof).
• Keep invoices for lawful repairs (receipt).

Defect notice and relevant forms

A written defect notice to the landlord helps secure your rights. Describe the damage, the date and request a deadline for response or repair. For court proceedings, forms such as the application for legal aid (Prozesskostenhilfe, PKH) can be relevant; check whether you are eligible for assistance and how to fill out the form (example: application in case of financial need).

How landlords' costs are reviewed

Landlords must present costs as appropriate and verifiable. Flat-rate deductions are rarely permissible. Common disputes include demands to replace entire floors rather than repair or billing lump-sum deductions without concrete evidence.

If the landlord sues

If landlords file a lawsuit, deadlines and rules of evidence under civil procedure follow. Check beforehand whether legal aid is possible and whether an amicable settlement is sensible. Inform yourself about the competence of your local court and prepare your evidence in an orderly manner.

FAQ

Who pays for parquet or laminate damage?

Generally, the person who caused the damage is liable; for normal wear and tear the tenant is usually not liable. The individual case and the contractual agreement are decisive.

Do I have to replace the entire floor if part is damaged?

Only if repair is not possible or disproportionate and the replacement is shown to be economically reasonable may a full replacement be demanded.

What evidence helps most?

Move-in protocol, detailed dated photos, witness statements and communication with the landlord are most persuasive.

How-To

1. Collect photos and documents (photo).
2. Notify defects in writing and set a deadline (form).
3. Contact the landlord and present evidence (contact).
4. File objections to excessive claims and consider legal steps (safety).
5. In case of dispute, consider filing suit at your local court (court).

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetzestext (form)
• Justizportal Deutschland – Informationen zum Amtsgericht (court)
• Bundesgerichtshof (BGH) – Decisions (court)

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1. [1] Bürgerliches Gesetzbuch (BGB) – §§ 535–580a
2. [2] Competence of the Amtsgericht for tenancy disputes
3. [3] Federal Court of Justice (BGH) – Decisions in tenancy law