Tenants: Nail and Drill Holes in Germany
As a tenant in Germany it is important to know how nail and drill holes are assessed at move‑out and what duties exist regarding cosmetic repairs. This text explains in practical terms how to document holes, make fair agreements in the handover protocol and avoid unnecessary costs. You will learn which damages count as normal wear, when landlords may bear costs and how to handle deadlines and repairs. Practical checklists help with photo and evidence management; sample texts show how to report defects or propose an amicable arrangement. For legal uncertainties the text names responsible courts and specific sections in the BGB for orientation.[1]
What counts as damage?
Small nail or screw holes from pictures or shelves are often considered normal wear, especially if they are small and properly installed. Larger drill holes, improperly closed openings or botched repairs can count as damage. Critical factors are extent, location and visible consequences such as plaster chipping or damage to installations. Check the condition carefully before moving out and compare it with the move‑in condition.
Handover protocol: Agree and document
The handover protocol is your most important tool: Record damages, open points and agreements in writing. Agree clearly which holes the landlord accepts, which will be remedied and how costs will be shared.
- Take photos of each affected area with date and scale.
- Record the date, time and place of the handover precisely.
- Short text in the protocol: describe location, size and number of holes.
- If costs are agreed: state amount, payment method and deadline clearly.
- Add signatures of tenant and landlord and names in block letters.
Legal basis and sample forms
Foundations for the tenancy and maintenance obligations can be found in the BGB. For formal lawsuits the ZPO governs proceedings; disputes are usually heard at the local Amtsgericht. State in the protocol whether a defect notice has been sent and keep all receipts.[2][3]
Frequently Asked Questions
- Who pays for drill holes in the hallway or apartment?
- It depends on size and cause: Small, common fixings are usually wear; larger or improper work can trigger cost liability.
- Can the landlord charge flat fees for nail holes?
- Flat fees are possible but only if contractually agreed and not unreasonably disadvantageous.
- What if the landlord notes claims in the protocol that I do not agree with?
- Do not refuse to sign: add your perspective to the protocol, document photos and record disputed points in writing. Then seek advice.
How-To
- Take photos of all affected spots with date, scale and contextual shots.
- Send an informal defect notice to the landlord and set a deadline for repair.
- At the handover appointment record and sign all items in the protocol.
- If no agreement is possible, collect evidence and consider filing a claim at the competent local court.
