Tenants: Fight Move-Out Repairs in Germany

Many tenants in Germany face claims for contractual move-out repairs and wonder which obligations truly apply and how high costs can be avoided. This practical guide explains in plain language how you as a tenant can secure evidence with photos and dates, which legal basics apply and which formal steps (e.g. correspondence, deadlines, local court) help to defend against unjustified claims. The aim is to give you concrete actions: from documenting photos to collecting repair quotes and, if necessary, going to court. The advice is applicable in Germany and takes into account key provisions of tenancy law.

What to do first

If the landlord demands move-out repairs after you leave, act systematically: document the condition, gather evidence and respond in writing. Avoid impulsive payments; first clarify whether the claim is contractually permissible or conflicts with legal rules.^[1]

• Take photos and videos of each affected surface immediately with date and time.
• Create a written condition report and note measurements (e.g. moisture) if relevant.
• Send a formal rebuttal to the landlord by registered mail with return receipt or verifiable email.
• Request repair quotes from tradespeople before accepting any payment.

Legal basics explained briefly

German tenancy law in the BGB regulates obligations of tenants and landlords, in particular §§ 535–580a, which concern maintenance and cosmetic repairs.^[1] Contractual clauses on move-out repairs can be partly invalid if they unreasonably disadvantage the tenant. For court proceedings and lawsuits the ZPO applies.^[2]

Practical official forms and applications

Important official forms for affected tenants include, for example, applications for legal aid (PKH) or court information pages; use these if you want to contest a claim or enforce your rights. For written objections, a clear letter with photo attachments is helpful.

Evidence collection: step by step

1. Photograph all rooms from multiple angles and document damages and wear.
2. Keep photos unchanged and back them up (cloud, USB stick, email to yourself).
3. Write a chronological list of events and communications with dates.
4. Obtain at least two repair estimates to rebut excessive demands.

FAQ

Who pays for normal wear and tear?

Normal wear and tear is part of the rented property and is generally borne by the landlord, not the tenant; contractual shifts may be invalid.^[1]

Can the landlord use photos as evidence?

Yes, photos are admissible evidence if authenticity and date are verifiable; supplement with your own records and reports.

Where can I turn if I receive a payment demand?

In disputes over claims, the local court (Amtsgericht) is usually competent; check procedural options and potentially apply for legal aid.^[2]

How-To

1. Document: create photos, videos, and a report immediately.
2. Rebuttal: send a formal written response to the landlord with a deadline.
3. Get and compare repair estimates.
4. Assess legal action: if necessary consider court proceedings and applying for PKH.^[2]

Help and Support / Resources

• Local courts and higher courts: information about jurisdictions and procedures
• Gesetze im Internet: German Civil Code (BGB) §§ 535–580a
• Gesetze im Internet: ZPO (Civil Procedure Code)

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH) – Decisions and information