Tenants: Parquet Damage in Handover Protocol - Germany

As a tenant in Germany it is important to know how to record parquet damage correctly in the handover protocol so that unnecessary costs and disputes are avoided. This article explains in plain language which damages are typical, which mistakes commonly occur and how you can document damage, date and responsibility so that the entries are reliable in case of dispute. We show practical steps for evidence preservation such as photos, dates and witness notes and name relevant legal bases for rental contracts and cosmetic repairs.^[1] You will also read where rental disputes can be heard in court and which forms are useful.^[3]

What belongs in the handover protocol?

The handover protocol should be precise and complete: clear descriptions, measurements, date and who was present. Note visible damage to the parquet, even small scratches, and whether these appear fresh or old. Use written supplements if the landlord or their representative makes contradictory statements.

Typical mistakes tenants should avoid

• Insufficiently documented scratches (document/photo) often lead to disputes.
• Incomplete protocols without signatures of those present make evidence harder to prove.
• Delaying notification of damage for weeks instead of reporting immediately (deadline) can be treated as omission.
• Missing cost estimates before repairs make later deposit deductions hard to verify.

How to document parquet damage correctly

Good documentation reduces the risk of being held liable for normal wear and tear. Photograph damage from multiple angles, place a tape measure or object for scale and save date and time of the shots. Write a short description with location (room, corner), size (cm) and suspected cause if known. Send the documentation in writing to the landlord and ask for confirmation of receipt.

Typical evidence examples

• Photos (photo) with date and reference object; example: 3 scratches, each 2–4 cm, northwest corner of the living room.
• Written notification by e-mail or registered mail (notice) with photo attachments and request for confirmation of receipt.
• Record a second person as a witness and note contact details (contact).

When does the tenant pay for parquet damage?

In Germany, as a rule: tenants are usually not liable for normal wear and tear during proper use. Tenants can be liable for damage that goes beyond normal wear or results from improper use. The decisive factors are extent, cause and whether the damage existed at move-in or occurred later. Legal foundations can be found in the Civil Code (BGB).^[1]

FAQ

Who bears the burden of proof for parquet damage?

The landlord must prove that a damage exceeds normal wear and tear or that the tenant caused the damage; good documentation by the tenant strengthens their position.

Can I fix small scratches myself?

You can carry out minor cosmetic repairs, but you should coordinate with the landlord beforehand, document it in writing and keep receipts to prevent later claims.

Where do I turn in case of disputes?

Rental disputes are usually handled by the local court (Amtsgericht); in appeals cases the Regional Court and Federal Court of Justice are higher instances.^[3]

How-To

1. Create photos (photo): multiple shots from different angles with date stamp.
2. Amend protocol (notice): describe damages in writing and send to the landlord.
3. Have receipt confirmed (contact): request a short confirmation by e-mail or signature.
4. Obtain cost estimate: for larger damages get a quote and keep receipts.

Help and Support / Resources

• BGB §§ 535–580a: Rental law texts
• Federal Ministry of Justice: Forms and templates
• Federal Court of Justice: Decisions and guidance

1. [1] Gesetze im Internet — BGB §§ 535–580a
2. [2] Bundesministerium der Justiz — Forms and templates
3. [3] Bundesgerichtshof — Case law on tenancy