Guides

Tenants in Germany pay only the current value for damage, not the price of new. How the new-for-old deduction works for floors, walls and kitchens.

A landlord can keep only a reasonable part of the Kaution while the Nebenkostenabrechnung is pending. How much, for how long, and when you get the rest.

The interest on a rental deposit belongs to the tenant (§ 551 Abs. 3 BGB). How to claim it at move-out, how to check the amount and how it is taxed.

Drill holes at move-out in Germany: usual holes for shelves and pictures are normal use under the lease (§ 538 BGB). When you have to fill them and when not.

Moved abroad and waiting for your Kaution? Give the landlord your address and IBAN, wait out the review period, then demand payment. Court routes from abroad.

Model letter (Muster) objecting to a Kaution settlement in Germany, to copy and print: dispute each item, ask for receipts, set a deadline, send it with proof.

A Kautionsbürgschaft replaces the cash deposit: what it costs, how the provider claims money back from you at move-out and why you need move-in proof.

The deposit for a WG room is repaid by the Hauptmieter, not the owner, usually 3 to 6 months after you leave (§ 551 BGB). Plus: the cap and the interest.

How to protect your Kaution (deposit) from move-in to refund: what to record and when, the rules for deductions, and what the landlord has to prove.

Your Mietkaution under § 551 BGB: at most three Nettokaltmieten, payable in three instalments. Where it must be held and who gets the interest.

You usually get your Kaution back 3 to 6 months after you move out, with interest. What the landlord can keep back and how to ask for your deposit in writing.

Übergabeprotokoll apps compared: most are digital forms. BildProof scans every room, shows what is missing and compares move-in with move-out.

What goes in your bag for the Wohnungsübergabe? Nine things for move-in and move-out, from keys and your move-in record to your own record of every room.

No Übergabeprotokoll at move-in in Germany? It is not required. The landlord must prove damage, you must prove an unrenovated flat. What to record now.

Damage after moving in, Germany: there is no 14-day deadline. You must report without undue delay (§ 536c BGB). How to record it for move-out.

Fine scratches in parquet or laminate are normal wear in Germany, and tenants pay nothing. What counts as damage, and why you do not have to sand the parquet.

Smoking in a rented flat in Germany counts as normal use under the lease. You only pay to repaint yellow walls with a valid Schönheitsreparaturen clause.

Lost a rental key in Germany? You only pay for a new master key system if the landlord really replaces it (BGH, VIII ZR 205/13). What your insurance covers.

Template: power of attorney (Vollmacht) for a flat handover in Germany. Your proxy can return the keys and sign, but not acknowledge damage or agree to deductions.

A pre-inspection (Vorabnahme) before moving out in Germany is voluntary. It shows early what the landlord expects. What to sign, what counts and what to record.

Moving out of a rented flat in Germany: notice, Schönheitsreparaturen, handover, meters, keys, Abmeldung, contracts and Kaution in order, with a timeline.

Handing back a flat in Germany: cellar, balcony, garden and parking space are part of the tenancy (§ 546 BGB). What to empty, what care you owe, what to record.

Besenrein at move-out in Germany means swept clean: empty, swept, obvious dirt gone. No window cleaning, no deep clean. What applies and what to record.

You can take photos at the flat handover in Germany, at move-in and move-out. What counts in court, why people should stay out of shot and the rules on sound.

Keep photos and the Übergabeprotokoll at least until the Kaution is back and six months after the return are over. Keep the move-in record for the whole tenancy.

Every deadline at move-in and move-out in one table: notice, registration, Kaution, Nebenkosten and the six months of § 548 BGB. With length, start and statute.

A private expert at the flat handover in Germany is paid by whoever hires them. When you get the costs back, and how the independent evidence procedure works.

Moving out of a German Studentenwohnheim: which protections § 549 Abs. 3 BGB removes, how the Abnahme works and how to push back on Kaution deductions.

You do not have to sign the Übergabeprotokoll in Germany, but your signature binds both sides. When to sign, when to sign with a reservation, when not at all.

Übergabeprotokoll template for tenants in Germany to copy and print: every room, meter readings, keys, a reservation and signatures, for move-in and move-out.

Your landlord does not turn up to the move-out handover in Germany? How to return the flat anyway, provably, and what that means for § 548 BGB and your Kaution.

Model letter (Muster) to copy when the landlord does not come to the handover: offer to return the flat, return the keys with a list, ask for confirmation.

Übergabeprotokoll for a room in a German shared flat: cover the room and the shared rooms, and note that your counterpart is the Hauptmieter, not the owner.

Zwischenmiete (interim let) in Germany: when § 549 Abs. 2 BGB removes security of tenure, when § 575 BGB applies, and why you still need two handover records.

At move-out you often hear: we are taking that off the Kaution. Whether you pay comes down to one question, wear or damage. Five things to know, and one real court case.

Photos count as evidence at the flat handover. They help most when they show every room from several angles, with a signed Übergabeprotokoll.

How much is your Übergabeprotokoll worth in a dispute? Private document (§ 416 ZPO), photos as visual inspection (§ 371 ZPO), and what “no defects” means.

What to photograph when you move in, room by room, plus the 12 spots almost everyone forgets. That way you have a complete record to protect your Kaution.

Move-in day decides what happens to your Kaution later. Five things for the Einzugsprotokoll, and one real court case.

The Übergabeprotokoll is only the form. The Wohnungszustand is how each room looked. In a Kaution dispute, only a concretely described condition proves anything.

Flat viewings for a sale or reletting: you only have to allow them after notice, usually 3 to 4 days ahead, around one to three times a month, on weekdays.

At the move-out Wohnungsübergabe you sign a handover record that can bind you later. Five things to check before you sign, and one real court case.

The Kaution for a furnished flat in Germany: you pay nothing for wear on furniture, only the current value for damage. What the landlord must prove and how to push back.

The Mietpreisbremse covers furnished flats in Germany too, unless let for temporary use. How high the surcharge can be and how to get overpaid rent back.

The Kaution for a Zwischenmiete in Germany: at most three months' rent, held separately, only documented damage deducted. Why the main tenant records the handover.

Subletting your flat in Germany: you need the landlord's permission and are liable for the interim tenant's damage yourself (§ 540 BGB). What goes in the sublease.

Finding an interim tenant in Germany: landlord's permission first, then choosing, the sublease and the handover. What to settle first, as you are liable for damage.

Reading the Mietspiegel: place your flat by age, size, location and fittings, read off the comparable rent per m² (§ 558c BGB), then check your rent.

Check your Indexmiete increase yourself: the CPI formula, the minimum one-year gap, text form with index figures (§ 557b BGB) and what to do if it is wrong.

Check a Mieterhöhung: the rent must have been unchanged for 15 months and can rise by at most 20% in three years (§ 558 BGB). How to check it and respond.

Mietpreisbremse check: in designated areas the rent can be at most 10% above the local comparable rent. How to object and claim back what you overpaid.

Modernisierung: the landlord can add 8% of the costs (§ 559 BGB), capped at €3/m². When you must allow the work, how to object and how to leave early.

Check a Staffelmiete or Indexmiete: fixed amounts and 12 months per step (§ 557a BGB), CPI link and text form (§ 557b BGB). Is the increase legal?

Since 2023 tenants and landlords share heating CO₂ costs under a 10-step model (CO2KostAufG). How to check your share, and cut it when it's wrong.

Since 1 July 2024 landlords can no longer pass cable-TV fees on through the Nebenkosten. How to check your statement and get the money back.

Check your Heizkostenabrechnung: 50 to 70% must be billed by consumption (§ 7 HeizkostenV). How to check the deadlines and the invoices, and when you can cut 15%.

Check your Nebenkostenabrechnung: the landlord has 12 months to bill, you have 12 months to object (§ 556 BGB). Which costs count and how to object.

The previous tenant's fitted kitchen in Germany: the Ablöse cannot be far above its current value (§ 4a WoVermittG). Who owns it and what happens at move-out.

Can a foreigner rent in Germany? Yes, tenancy law protects every tenant regardless of nationality. Documents, renting without SCHUFA and your rights.

Can your landlord ban pets? Which animals you can keep without permission, why a blanket ban is void (§ 535 BGB, BGH), and how to get consent.

Kleinreparaturklausel: valid only for often-used items, with per-repair and yearly caps, and no duty to hire a tradesperson. Otherwise the landlord pays.

Under the Bestellerprinzip, whoever hires the agent pays (§ 2 Abs. 1a WoVermRG), so tenants in Germany usually pay nothing. When you do, and how to push back.

Check your Mietvertrag before you sign: the Kaution is capped at three Nettokaltmieten (§ 551 BGB), and redecoration and small-repairs clauses are often void.

Got an Eigenbedarfskündigung? It needs a named person and reason (§ 573 BGB). You can object on hardship grounds up to 2 months before the notice period ends.

As a tenant in Germany you give three months' notice (§ 573c BGB). The letter must be signed by hand on paper and arrive by the 3rd working day. Here is how.

Leaving your lease early with a Nachmieter? There is no automatic right in Germany, only a Nachmieterklausel, a legitimate interest or an Aufhebungsvertrag.

Kaution in a student WG in Germany: at most three months' rent for the whole flat, what a parental guarantee changes, how you get your share back.

Leaving a WG in Germany on a joint lease: you stay jointly and severally liable until the landlord releases you (§ 421 BGB). What to sort out before you go.

Renting a room in a German WG: your contract is with the Hauptmieter, § 551 BGB caps the Kaution, and § 573c Abs. 3 BGB can mean two weeks' notice.

Splitting WG rent and Nebenkosten: on a joint lease each of you owes the full rent (§ 421 BGB). Between you, your split applies, or else equal shares (§ 426 BGB).

Taking in a subtenant: for part of your flat you are entitled to your landlord's permission (§ 553 BGB). How to ask, and when the landlord can refuse.

WG subletting: on a joint lease everyone owes the full rent (§ 421 BGB), in the main-tenant model only the main tenant. A room needs permission (§ 553 BGB).

A landlord's damage claims expire six months after the flat is returned. With a cash Kaution, the landlord can still deduct them. What that means for you.

Liability insurance (Haftpflichtversicherung) is not compulsory for tenants in Germany, but you are liable for damage you cause. What a policy usually covers.

Mängelanzeige model letter (Muster) for tenants in Germany to copy and print. Describe the damage, set a deadline, reserve the rent reduction, send with proof.

Your landlord can usually photograph the flat you live in only with your consent. When a damage photo is fine, and what applies to listings and to the handover.

Water damage in a rented flat in Germany: report it at once (§ 536c BGB), who pays (buildings or contents insurance), which photos you need, when rent drops.

Moved into an unrenovated flat, but your lease says you must renovate? What you must prove, what counts as unrenovated, and one real court case.

The landlord must show you the Energieausweis at the viewing at the latest (§ 80 GEG). If not, you cannot reduce the rent, but the landlord risks a €10,000 fine.

Ruhestörung in a German rental: quiet hours usually run from 22:00 to 6:00. When noise is a defect and how much you can then reduce the rent.

Landlord won't repair? How to report a Mangel (defect) correctly, set a deadline of usually about 14 days and reduce the rent (§§ 536, 536c BGB).

Mietminderung: with a noticeable defect such as mould or no heating, the rent drops automatically (§ 536 BGB). How to report it and keep paying under Vorbehalt.

Mould is a defect, so your rent drops automatically (§ 536 BGB) unless you caused it. Report it in writing at once (§ 536c BGB) and record it with dated photos.

Whether you must repaint at move-out depends on the clause and on the flat's condition at move-in. Five things to know, and one real court case.

Can your landlord enter your flat in Germany? Your rights as a tenant: no general right of access, only for a specific reason and after notice in good time.

After moving you must register within 14 days (§ 17 BMG). How the Anmeldung works, what the Wohnungsgeberbestätigung is, and the fine you risk.

There is no legal right to a Mietschuldenfreiheitsbescheinigung (BGH VIII ZR 238/08). What it states, what it costs, and the alternative that works.

Evidence before excavation in Germany: why developers record neighbouring buildings first (§ 909 BGB) and when independent court evidence (§ 485 ZPO) fits.

How developers document the handover of a new-build flat in Germany: Abnahmeprotokoll, reservations, every room on record, and why it matters after the Abnahme.

When a new-build flat in Germany counts as accepted: a reasonable deadline, the notice in text form for consumers, and what applies if the buyer names a defect.

How developers in Germany check a defect report after the Abnahme: burden of proof, reserved defects, repair under § 635 BGB and damage caused by third parties.

What developers in Germany can do when a buyer refuses the Abnahme: joint or one-sided Zustandsfeststellung, its form, and the presumption for obvious defects.

The handover after the notary in Germany: what goes in the Übergabeprotokoll, when the risk passes to you (§ 446 BGB) and where the warranty exclusion ends.

New-build warranty in Germany: 5 years from Abnahme (§ 634a BGB), why a defect notice does not stop the clock, and what suspends limitation (§§ 203, 204 BGB).

Custom extras in a German new build: what must be agreed in writing, who is liable if another firm does it, and how to enter them in the Abnahmeprotokoll.

How to prepare the Abnahme of your new-build flat in Germany: documents, appointment, surveyor, and what to check before the burden of proof passes to you.

Which reservations belong in the Abnahmeprotokoll in Germany: known defects under § 640 Abs. 3 BGB and the contractual penalty under § 341 Abs. 3 BGB, and how to word them.

Has the developer set a deadline for the Abnahme? When the flat counts as accepted in Germany (§ 640 Abs. 2 BGB) and how to respond correctly and in time.

A defect in your new-build flat after the Abnahme? How to report it in Germany, which deadline applies, when you may fix it yourself and what you can hold back.