Deadlines at a change of tenant for private landlords

The deadlines you have to meet as a landlord, from the day the old tenant moves out to the day the new tenant moves in.

BildProof RedaktionUpdated 9/30/20263 min readGermany
In short

From the day the flat is returned, you have six months to claim for damage (§ 548 Abs. 1 BGB). Court rulings usually give you three to six months to check the Kaution (deposit). The Nebenkosten (service charges) statement is due within twelve months of the end of the billing period. Confirm the new tenant's move-in within two weeks.

The days your deadlines run from

Four days matter at a change of tenant. Write them down, and you can read every deadline off the table.

  1. 1

    The day the notice arrives

    What counts is the day the notice arrives, not the date on the letter. That day decides when the tenancy ends.

  2. 2

    The day the flat is returned

    Your six months for damage claims and the checking period for the Kaution both start on this day.

  3. 3

    The end of the billing period

    From this day, you have twelve months to send the outgoing tenant's Nebenkosten statement.

  4. 4

    The day the new tenant moves in

    From this day, you have two weeks to issue the Wohnungsgeberbestätigung (your confirmation that the tenant has moved in).

  5. 5

    Before the new tenant signs

    If you rely on an exception to the Mietpreisbremse (rent brake), tell the new tenant in text form before they sign.

  6. 6

    Record the condition on both days

    Record the flat's condition on the day it is returned and on the day the new tenant moves in. Every deduction is based on that record.

Your deadlines at a glance

This table is for an open-ended lease on a flat. It shows how long each deadline is, when it starts and which law it comes from.

DeadlineLengthRuns fromLegal basis
Notice by the tenant3 months, however long the tenancy has lastedNotice received by the 3rd working day of a month§ 573c Abs. 1 BGB
Your notice, only with a legitimate interest3 months, 6 months after 5 years, 9 months after 8 yearsNotice received by the 3rd working day of a month. The length of the tenancy counts from the day the flat was handed over§§ 573, 573c Abs. 1 BGB
Your claims for damage6 monthsThe day the flat is returned§ 548 Abs. 1 BGB
Checking period for the KautionUsually 3 to 6 monthsThe day the flat is returnedCourt rulings. § 551 BGB sets no deadline
Nebenkosten statement12 monthsEnd of the billing period§ 556 Abs. 3 BGB
Tenant's objections to the statement12 monthsThe day the tenant receives the statement§ 556 Abs. 3 BGB
Tenant's claims to be repaid expenses and to remove fixtures6 monthsEnd of the tenancy§ 548 Abs. 2 BGB
Showing the Energieausweis (energy certificate)At the viewing at the latest. A copy without delay after signingViewing§ 80 Abs. 4 and 5 GEG
Telling the tenant about an exception to the MietpreisbremseBefore the tenant signs, in text formBefore the lease is signed§ 556g Abs. 1a BGB
Wohnungsgeberbestätigung for the new tenant2 weeksMove-in§ 19 Abs. 1 BMG

Why this matters

Under § 548 Abs. 1 BGB, you have six months from the day the flat is returned to make claims for damage. You can only back up a deduction if there is a record of how the flat looked at move-in and on the day it was returned.

General information, not legal advice.

Frequently asked questions

When do my six months for damage claims start?

Your six months start on the day you get the flat back, usually when the keys are returned (§ 548 Abs. 1 BGB). The date the lease ends does not matter for this.

How long can I keep the Kaution?

The law sets no fixed deadline for the Kaution. According to court rulings, you can usually keep it for three to six months from the day the flat is returned. If the Nebenkosten statement is not done yet, you can hold back a reasonable part for longer.

Do I also have to confirm the move-out?

Under the current § 19 BMG, you confirm the move-in. The tenant only has to deregister if they do not move into a new flat in Germany (§ 17 Abs. 2 BMG), and for that they need no confirmation from you.

More on this

Also in this topic: Smoking in a rented flat: what landlords may claim at move-outMove-in Übergabeprotokoll: what landlords should recordÜbergabeprotokoll for landlords: what goes in at move-outÜbergabeprotokoll in court: what does it prove for landlords?

Is a change of tenant coming up?

Write down the day the flat is returned and the day the new tenant moves in, and record the condition of every room on both days. BildProof guides you through the flat and creates a structured condition report.

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