Tenants: Final Renovation in Handover Record – Germany
As a tenant in Germany, you often face the question at move-out how to agree on final renovation in the handover record without risking unfair claims later. This guide clearly explains which formulations in the record are sensible, how to document defects and repair obligations and when deadlines or forms become important. You will learn which duties landlords have under the BGB[1], how to prepare renegotiations and when a local court[2] may become involved. Photo documentation, date entries and signatures increase your evidentiary power; you will also learn how to agree a realistic list of cosmetic repairs and which costs are usual. At the end you will find steps to prepare a handover appointment and notes on official forms and legal bases.
What belongs in the handover record?
A complete handover record protects both parties. Pay attention to precise entries and evidence:
- Date and time of the handover
- Photo documentation of all rooms and damages
- List of visible defects and necessary repairs
- Clear agreements on cosmetic repairs and responsibilities
- Details on deposit settlement and possible deductions
- Handover of keys and meter readings
How to word a fair agreement?
Avoid vague phrases like "renovation at the landlord's discretion". Instead, specify concrete obligations: who carries out which works, which deadlines apply and how costs are divided. Record whether only cosmetic repairs are required or deeper maintenance is necessary. Note deadlines and conditions in writing in the record; general references to the lease are often insufficient. If unsure, mark open points as "disputed" and arrange a follow-up meeting.
Name specifically which rooms are affected and whether replacement paints, floor coverings or tiles are involved. For fixtures or special surfaces attach photos and have both parties sign. If one party needs more time, set a clear deadline.
When does a court become relevant?
If no agreement is reached, the next step is often the local court; tenancy disputes are usually heard at first instance there. Procedural requirements are set out in the Code of Civil Procedure and concern filing a claim and evidentiary rules[3]. Small claims and eviction suits are generally before the local court, appeals before the regional court and legal questions may reach the Federal Court of Justice.
FAQ
- Does a written agreement in the record take precedence over an oral promise?
- Yes. A signed handover record has evidentiary value and is usually more binding than oral agreements.
- Do I have to fully renovate the apartment?
- No. The obligation is to return the property in accordance with the contract, not necessarily to fully renovate; lease clauses on cosmetic repairs must be reviewed for validity.
- What if the landlord makes unfair deductions from the deposit?
- Request a detailed statement and file an objection with evidence; if the dispute continues, legal action may be necessary.
How-To
- Take photos and record meter readings and include them in the record.
- Write down concrete wording for repairs and deadlines.
- Arrange a handover appointment with witnesses or a representative and note times.
- Clarify deposit matters and agree a deadline for settlement.
Key Takeaways
- Concrete, dated entries in the record strengthen your position.
- Collect photos, receipts and emails as evidence.
- Mark open points as "disputed" and agree on follow-up deadlines.
Help and Support / Resources
- [1] Bürgerliches Gesetzbuch (BGB) – §§ 535–580a
- [2] Local courts – jurisdiction and procedures (Justizportal)
- [3] Code of Civil Procedure (ZPO)
