Wear or damage: what you can charge
How to tell normal wear from damage that you can deduct from the Kaution (deposit) when the tenant moves out.
Normal wear is paid for by the rent. You can only charge for new damage, at its current value. Compare the flat with your Einzugsprotokoll (move-in record) and make any claim within six months.
What to check before you deduct anything
Not every mark is damage. Go through every finding with the same questions.
- 1
Is it normal wear?
Worn patches where people walk, darkened paint, the usual drill holes and worn silicone joints are paid for by the rent.
- 2
Is it damage?
Normal living does not explain burn holes, needless holes drilled into tiles or a hole in a door.
- 3
Was it there at move-in?
Compare every mark with the Einzugsprotokoll to see whether it appeared during this tenancy.
- 4
Can you prove it?
You have to show that it is damage and that it happened during this tenancy.
- 5
Charge the current value only
Use the current value, not the price of a new item. A carpet, for example, counts as used up after about ten years.
- 6
Claim within six months
Your claims expire six months after you get the keys back.
Why this matters
Under § 538 BGB, the tenant is not liable for changes caused by using the flat as agreed. For real damage, your claims expire six months after the flat is returned (§ 548 Abs. 1 BGB).
General information, not legal advice.
Frequently asked questions
Can I deduct normal wear from the Kaution?
No, you cannot deduct normal wear from the Kaution. The tenant is not responsible for changes caused by using the flat as agreed (§ 538 BGB). Charging for them leaves your whole statement open to challenge.
How long after move-out can I claim for damage?
Claims for damage expire six months after the flat is handed back (§ 548 Abs. 1 BGB), no matter when you find the damage. So check the flat right after the handover.
Can I charge the price of a new item for damage?
No, the tenant only owes the current value. A carpet, for example, counts as used up after about ten years. After that there is nothing to replace, even if the tenant damaged it.
Also in this topic: Proving damage with photos: what landlords need at handoverDeadlines at a change of tenant: landlord tableSmoking in a rented flat: what landlords may claim at move-outMove-in Übergabeprotokoll: what landlords should record
Is your tenant moving out soon?
Have your Einzugsprotokoll ready and check every mark before you deduct anything. BildProof guides you through every room and creates a structured condition report you can compare with the move-in.
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