Wear on furniture: what landlords can deduct
Where normal wear on furniture ends and damage begins, and how much you can claim for damage.
The tenant pays nothing for normal wear on furniture. For real damage you get the item's current value, not the price of a new one. Compare each item with its condition at move-in to tell wear from damage.
How to check a deduction for furniture
These questions decide whether you can deduct, and how much.
- 1
Was it intact at move-in?
An item can only have been damaged during the tenancy if you can prove it was intact at move-in.
- 2
Is it wear or damage?
Signs of normal use are covered by the rent. Real damage is not.
- 3
How old is the item?
Look up the year of purchase in the Inventarliste (inventory list).
- 4
What was it still worth?
You can claim the current value before the damage, not the price of a new item.
- 5
Repair or replace?
The cheaper of the two sets the amount you can deduct.
- 6
Can you prove it?
Keep photos, an invoice or a quote for every deduction.
Why this matters
Under § 538 BGB, the tenant does not pay for wear caused by normal use under the lease. That applies to furniture too. You can only deduct for damage beyond that wear, and only if you have the move-in condition to compare against.
General information, not legal advice.
Frequently asked questions
Can I deduct the price of a new sofa if the old one is damaged?
No, you can only deduct the sofa's current value. The sofa was already used, and the compensation should not leave you better off than before.
Are there fixed lifespan tables for furniture?
The law has no fixed lifespan tables for furniture. In a dispute the court estimates the lifespan (§ 287 ZPO), and the year of purchase and the price help it do so.
Do I have to get the furniture repaired before I deduct?
No, you do not have to repair the furniture first. After the flat is returned, you can also ask for money for the damage, without first setting a deadline for repair.
Also in this topic: Inventarliste template for furnished flatsLetting furnished to students: lease, Kaution, handoverLetting a furnished flat in Germany: law, rent, handover
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