Tenant Rights: Parquet & Laminate Damage in Germany

As a tenant in Germany, it is important to know who pays for parquet or laminate damage when moving out and which documents matter. Many disputes can be avoided if you document damage early, inform the landlord in writing and observe deadlines. This text clearly explains your rights and obligations under tenancy law, cites relevant sections and gives practical steps for photos, cost estimates and communication. I also explain when normal wear applies and when the tenant may be liable. At the end you will find a how-to, FAQ and official sources so you can contact the correct court or use the right forms in case of a dispute. I also show which cost estimates make sense, how to store receipts and when legal action before the local court is advisable.

Legal basis

The primary basis is the German Civil Code (BGB), especially regarding landlord duties and tenant liability^[1]. For lawsuits and procedural rules the Civil Procedure Code (ZPO) is relevant, for example if an eviction claim is necessary^[2]. In practice the distinction between permissible wear and culpable damage is often decisive.

Practical steps when you find damage

• Take photos (evidence) immediately with date, scale and angles and store them securely.
• Carry out provisional measures (repair) to prevent consequential damage and document that.
• Inform the landlord in writing (notice), describe the damage and set a deadline for response.
• Observe deadlines (deadline): act promptly to avoid losing rights.
• Obtain cost estimates (payment) and compare prices before consenting to repairs.

If possible, get an evaluation from a specialist before commissioning repairs. For older floors the service life matters: with ordinary wear a tenant usually does not have to pay for full replacement.

Evidence and handover protocol

A signed handover protocol helps a lot: describe damages precisely, attach photos and have the landlord sign. If no protocol exists, use photo documentation, e-mail correspondence and witnesses.

Common disputes

• Unclear wear threshold (warning) between normal wear and damage.
• Cost allocation (payment) for replacement versus repair.
• Dispute about expert reports and court evidence (court).

Forms and official steps

For serious disputes sample letters and claim forms are useful. A common example is the "termination/sample letter" for rent reduction or damages provided by the Federal Ministry of Justice^[4]. For court action you use claim forms under the ZPO, filed at the competent local court (Amtsgericht) for tenancy disputes^[2]. Observe submission deadlines and format requirements.

FAQ

Who pays for parquet damage when moving out?

Generally the tenant is liable for culpable damage; normal wear is the landlord's responsibility. Relevant factors are cause, floor age and wear patterns.

Which evidence helps most?

Photos with dates, purchase receipts, handover protocol and cost estimates are the key pieces of evidence.

Where do I turn in case of dispute?

Contact the landlord in writing first; if unresolved, the competent local court (Amtsgericht) can be approached. Consumer advice centers and lawyers can assist.

How-To

1. Take photos immediately (evidence), document date and scale.
2. Inform the landlord in writing (notice) and send a repair proposal with a deadline.
3. Obtain cost estimates from professionals (repair) if necessary.
4. Review the costs (payment) and try to reach an agreement.
5. If no agreement: consider filing a claim at the local court (court) and submit the forms.

Help and Support / Resources

• Gesetze im Internet (BGB)
• Gesetze im Internet (ZPO)
• Bundesgerichtshof (BGH) – Decisions
• Federal Ministry of Justice and Consumer Protection

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1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de
4. [4] Federal Ministry of Justice and Consumer Protection — bmjv.de