Tenants: Proof for Clean Move-Outs in Germany

Securing Evidence for Clean Move-Outs

When moving in or out, tenants and students in Germany should carefully document the apartment condition to avoid later disputes. Collect photos, handover protocols and written communication; this evidence helps with rent reduction, deposit claims or eviction lawsuits. Many rights follow from the German Civil Code (BGB)^[1], and procedural deadlines are governed by the Code of Civil Procedure (ZPO)^[2].

Key documents and immediate steps

• Take photos of the whole room, details, meter readings and damages from multiple angles.
• Prepare a written handover protocol and, if possible, have both landlord and tenant sign it.
• Note the date and time of the handover and name any witnesses if available.
• Save emails, chats and payment receipts and keep them in chronological order.

Official forms and templates

Use official templates for termination letters and payment reminders as well as handover protocol templates; the Federal Ministry of Justice provides official forms and guidance^[3]. Examples and use cases:

• Termination letter (BMJ template): Used when you lawfully terminate the tenancy and must observe notice periods.
• Reminder / payment demand (written): Set clear deadlines when claiming compensation for damages.
• Eviction lawsuit application at the local court: Necessary if no agreement is reached; document prior steps like protocols and payment demands.

Court proceedings: Local court and legal protection

If no agreement is possible, typically the landlord or tenant files a claim at the competent local court; the procedure follows the ZPO^[2]. For higher instances or fundamental legal questions, regional courts and the Federal Court of Justice decide; BGH rulings shape the interpretation of tenancy law^[4]. Before filing suit, gather all evidence: protocols, photos, witness statements and payment records.

FAQ

What is a handover protocol?

A written document that records condition, defects and meter readings at move-in or move-out and is ideally signed by both parties.

Are photos sufficient as evidence?

Photos are strong evidence if they reliably show date, location and damage and are combined with other documents like protocols.

Which deadlines matter?

Deadlines for defect notices, terminations and lawsuits are governed by the BGB and ZPO; keep all deadline records.

How-To

1. Document photos and meter readings immediately at move-in or move-out.
2. Create a handover protocol with date and signatures from both parties.
3. Secure all written messages, payment receipts and reminders in chronological order.
4. If no agreement is reached, present the documents to the local court or seek legal advice.

Help and Support

• BGB text and excerpts (Gesetze im Internet)
• Code of Civil Procedure (ZPO) – Overview
• Information on local courts in Germany

1. [1] German Civil Code (BGB) §§ 535–580a
2. [2] Code of Civil Procedure (ZPO)
3. [3] Federal Ministry of Justice – Forms and templates
4. [4] Federal Court of Justice (BGH) – Tenancy rulings