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.
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
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
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
The end of the billing period
From this day, you have twelve months to send the outgoing tenant's Nebenkosten statement.
- 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
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
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.
| Deadline | Length | Runs from | Legal basis |
|---|---|---|---|
| Notice by the tenant | 3 months, however long the tenancy has lasted | Notice received by the 3rd working day of a month | § 573c Abs. 1 BGB |
| Your notice, only with a legitimate interest | 3 months, 6 months after 5 years, 9 months after 8 years | Notice 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 damage | 6 months | The day the flat is returned | § 548 Abs. 1 BGB |
| Checking period for the Kaution | Usually 3 to 6 months | The day the flat is returned | Court rulings. § 551 BGB sets no deadline |
| Nebenkosten statement | 12 months | End of the billing period | § 556 Abs. 3 BGB |
| Tenant's objections to the statement | 12 months | The day the tenant receives the statement | § 556 Abs. 3 BGB |
| Tenant's claims to be repaid expenses and to remove fixtures | 6 months | End of the tenancy | § 548 Abs. 2 BGB |
| Showing the Energieausweis (energy certificate) | At the viewing at the latest. A copy without delay after signing | Viewing | § 80 Abs. 4 and 5 GEG |
| Telling the tenant about an exception to the Mietpreisbremse | Before the tenant signs, in text form | Before the lease is signed | § 556g Abs. 1a BGB |
| Wohnungsgeberbestätigung for the new tenant | 2 weeks | Move-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.
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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