Tenants: Removal of Fixtures in Germany

Many tenants in Germany face demands to remove fixtures when the landlord requests changes at move-out. This text clearly explains what obligations you have as a tenant, when the landlord must pay, which deadlines apply and which sample forms^[3] help. We cite the relevant rules from the BGB^[1] and show how to collect evidence, review legal steps and involve the local court (Amtsgericht)^[2] as the competent authority. The aim is to empower you to defend against unclear or excessive claims and to act cost-effectively and responsibly. Guides show which proof photos and handover protocols are important, how to meet deadlines and when to consider a counterclaim. We explain sample texts for a formal response to the landlord and name official agencies and forms that can help in a dispute.

What does removal of fixtures mean?

Removal means that fixed or installed items such as kitchens, built-in cupboards or partition walls are taken out and the original condition is restored. Whether you as a tenant are obliged to remove them depends on the lease, an explicit agreement and the type of fixtures.

Common cases

• Fitted kitchen: If the landlord agreed to let it remain, there is usually no obligation to remove it.
• Custom cupboards: These can often be considered an unauthorized alteration if there was no consent.
• Self-installed partitions: Removal is often required if they affect the original condition.

As a tenant, you should clarify early whether a removal obligation exists to avoid unnecessary costs. Document condition and agreements in writing.

Rights and obligations

The basis is the general rules of tenancy law: the landlord must hand over and maintain the apartment in accordance with the contract, and the tenant must treat the rental property with care. For removal issues, the individual agreements in the lease and the principles on unauthorized alterations are particularly relevant.

• Contract clauses: Read carefully whether removal obligations are written into the lease.
• Evidence preservation: Photo, video and handover protocols help in later disputes.
• Deadlines: Set deadlines in writing for claims and respond within the stated time.
• In case of dispute: The local court (Amtsgericht) is the first instance for tenancy disputes.

Frequently Asked Questions

Do I have to remove all fixtures when moving out?

That depends on the lease and any agreement with the landlord; without agreement a removal obligation can exist.

Who pays for the removal?

Generally the person responsible for the alteration; often the tenant must pay if they made structural changes without permission.

What deadlines apply to claims?

Written claims should be answered promptly; specific deadlines arise from the lease and statutory limitation rules.

How-To

1. Collect evidence: Take and store photos, videos and handover protocols.
2. Check the lease: Search for clauses on fixtures and removal obligations.
3. Set a deadline: Send a formal response to the landlord with a deadline and list of evidence.
4. Check jurisdiction: If no agreement is possible, consider filing at the local court or seeking advice from official bodies.

Help and Support / Resources

• [1] Gesetze im Internet – BGB §535 ff.
• [2] Bundesgerichtshof (BGH) – Decisions and guidance
• [3] Federal Ministry of Justice – Forms and information

1. [1] Gesetze im Internet – BGB §535 ff.
2. [2] Bundesgerichtshof (BGH) – Decisions and guidance
3. [3] Federal Ministry of Justice – Forms and information