New-for-old deduction: how landlords charge for damage correctly

Why you cannot charge for a new floor when an old one is damaged, how to work out the current value, and why the condition at move-in sets the amount.

BildProof RedaktionUpdated 10/1/20263 min readGermany
In short

Charge only for real damage, and only what the item was still worth, not the price of a new one. Without a repair you cannot add VAT. Prove the value with the item's age, price and condition at move-in.

What you need to charge the current value

You need these details for every item you charge for. If one is missing, the court cuts the amount.

  1. 1

    Real damage, not wear

    The mark must be one that normal living does not explain, such as a burn hole or a water stain.

  2. 2

    Proof it happened in this tenancy

    You need move-in photos that show the spot was undamaged when the tenant moved in.

  3. 3

    The year it was new, and the price

    Keep an invoice or a note that shows when the floor, kitchen or paintwork was new.

  4. 4

    Repair before you replace

    If the damaged spot can be patched, only claim the cost of patching it.

  5. 5

    Work out the current value

    Multiply the cost by the remaining lifespan, then divide by the whole lifespan.

  6. 6

    No VAT without a repair

    You can only add VAT if it was actually charged.

Why this matters

If you deduct the price of a new item, a court will cut the amount, often to zero. If you can prove the item's age and condition at move-in, you can work out the current value properly and actually get it. Your claims expire six months after the tenant returns the flat (§ 548 BGB), so settle up quickly.

General information, not legal advice.

Frequently asked questions

Can I charge the price of a new floor for a damaged one?

No, you can only charge the current value of the damaged floor. You have to deduct the gain you get from having a new floor in place of an old one.

Can I charge based on a quote without repairing the damage?

Yes, you can charge based on a quote, but only the net amount without VAT. You can only claim VAT once it is actually charged for a real repair (§ 249 Abs. 2 Satz 2 BGB).

How long do laminate and carpet last in the eyes of a court?

The law names no lifespan for laminate or carpet. Courts decide depending on the quality. The Wiesbaden local court set at most 14 years for simple laminate.

More on this

Also in this topic: Holding a Mietkaution as a landlord in GermanyKaution settlement: a template for landlordsEigenbedarfskündigung: how to justify it

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