Tenant Rights: Seals at Move-Out in Germany
Many students in Germany face discussions about door and window seals when moving out. Landlords sometimes demand replacement or repair costs, and tenants are unsure whether and how to present receipts. This text clearly explains which obligations apply under tenancy law, when costs may fall on tenants, which documents and photos count as proof, and how students can proceed step by step. We name the relevant laws, show practical examples, and give tips on how to seek a reasonable agreement with the landlord. The goal is to make tenant rights understandable and to help students review unnecessary claims and, if necessary, respond appropriately in court or before the local court.
Legal framework
In principle, the provisions of the BGB regulate the obligations of landlord and tenant regarding maintenance and damages; relevant norms concern upkeep and cosmetic repairs as well as cost allocation.[1] Whether the replacement of a seal must be borne by the tenant depends on whether the wear exceeds normal use or whether the landlord has failed in his maintenance duty.
Evidence and documentation
Which documents strengthen your position with the landlord? Important are clear, dated proofs and a comprehensible cost breakdown.
- Take photos of damaged seals immediately (evidence).
- Collect material receipts and proofs of payment (payment).
- Obtain invoices for professional repairs (repair).
- Record when keys were returned (move-out).
FAQ
- Do I as a tenant have to replace seals?
- Not automatically. Tenants only bear costs in case of culpable damage or agreed responsibilities; normal wear usually falls to the landlord.[1]
- Which proofs are sufficient?
- Photos with dates, purchase receipts for materials, and professional invoices are strong evidence; additionally witnesses or written handover protocols help.
- Who decides in a dispute about costs?
- Claims from the tenancy are usually heard at the local court in the first instance; procedural rules are found in the ZPO.[2] For procedural questions consult the ZPO information.[3]
How-To
- Photograph seals immediately and document date and condition (evidence).
- Inform the landlord in writing, report the defect and set a reasonable deadline (notice).
- Collect cost estimates and invoices before accepting payments (repair).
- If no agreement, consider filing a claim at the local court or seek legal advice (court).
Help and Support / Resources
- Legal basis: Gesetze im Internet (BGB)
- Federal Court of Justice (BGH)
- Federal Ministry of Justice (BMJ)
