Tenants in Germany: Contest Parquet Damage

As a tenant in Germany you may wonder how parquet damage is assessed during the handover and when you can contest claims. This text explains in clear language which damages count as normal wear and tear, which may be liable for compensation, and how to document a handover protocol sensibly. You will get practical tips on photo documentation, witnesses, deadlines and communication with the landlord. I also name relevant provisions of the BGB, the local court (Amtsgericht) as the competent authority and concrete steps if a claim arises. I also show which official forms and sample letters you can use, how to document inspection appointments and how courts decide in similar cases.

What counts as parquet damage?

Not every scratch is a compensable parquet damage. Normal wear through living is often not a claim by the landlord; repair costs can only be charged in cases of culpable negligence. The legal classification is governed by the duties in the BGB^[1].

Handover protocol: step by step

• Photo documentation / photo: Take pictures of every room, close-ups of parquet areas and include dates.
• Damage description / evidence: Briefly note type, location and suspected cause.
• Contact/witnesses: If possible, note the landlord or third parties as witnesses in the protocol.
• Deadlines / deadline: Report defects to the landlord without delay and obtain confirmation of receipt.
• Forms / form: Use a written handover protocol and keep copies.

Contest and defend claims

If the landlord charges damages, first check the deadline and justification. Object in writing, attach evidence, and only pay justified claims. The competent first instance is usually the local court (Amtsgericht)^[2], and important decisions on legal questions come from the Federal Court of Justice^[3].

• Objection / form: Write a short letter rejecting the claim with date and photo evidence.
• Meet deadlines / deadline: Reply within the stated period or document delivery of your counterstatement.
• Collect evidence / evidence: Record photos, protocols and witnesses in writing.
• Lawsuit / court: Only if necessary the landlord may go to court; prepare your documents.

Forms and templates

Typical items are a written objection (sample letter), the handover protocol and, if necessary, a lawsuit form for civil proceedings. Example: The "lawsuit form for civil proceedings" is used by landlords or tenants when a claim is asserted in court; as a tenant, attach evidence and a short statement of facts. A sample letter to the landlord should include date, exact claim positions and reference to photo evidence.

FAQ

Who pays for parquet damage?

In principle, the person who caused the damage culpably; normal wear and tear is usually not included.

What counts as normal wear and tear?

Light scratches and signs of use from regular use are often considered normal wear and tear.

Can the landlord claim the full parquet price?

The landlord must prove the damage and a connection to use; often only a proportional or residual value is charged.

How-To

1. Take photos / photo: Photograph damage immediately and date the files.
2. Create a protocol / form: Complete a handover protocol and have it signed.
3. Observe deadlines / deadline: Report defects without delay and confirm the dispatch.
4. Send objection / form: Send a documented objection to the landlord.
5. Consider court steps / court: If necessary, prepare documents for the local court.

Key takeaways

• Documentation protects: Photos and protocols are often decisive.
• Meet deadlines: Late objections lose effect.
• Court: The local court (Amtsgericht) is usually the first instance.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – rent law §§ 535–580a
• Bundesgerichtshof (BGH) – court decisions on tenancy law
• Justizportal – forms and court information (forms)

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Justizportal – Informationen zu Amtsgerichten
3. [3] Bundesgerichtshof – Sitz und Rechtsprechung