A neglected flat after move-out or eviction: record the condition
What to record before the flat is cleared, what the bailiff records and what you have to prove yourself.
Record every room before anything is taken out, and again once it is empty. The bailiff records the belongings. You have to prove the condition of the flat.
What to record when you clear the flat
Make two records: one of the flat as you find it, and one once it is empty.
- 1
Every room before clearing
Record each room as you find it, with everything that is standing and lying in it.
- 2
Anything that could have value
Record what you have to store, separately from the obvious rubbish.
- 3
Damage you can already see
Record damp, mould, smells, pests, and damaged doors and windows.
- 4
The meter readings
Note the electricity, water and heating readings on the day you take over the flat.
- 5
Every room after clearing
Record the walls, floor and ceiling once the belongings are out.
- 6
The invoices
Keep the invoices for clearing, storage, cleaning and repairs, each one separately.
Why this matters
Claims for damage to the flat expire six months after the flat is returned (§ 548 Abs. 1 BGB). If you only take photos after clearing, you can no longer show what the flat looked like before.
General information, not legal advice.
Frequently asked questions
Can I just throw away the tenant's belongings?
You can only throw away what obviously nobody wants kept, such as rubbish (§ 885a Abs. 3 ZPO). You have to store everything else for one month. Items that are exempt from seizure, and items unlikely to fetch any money, must be handed over on request at any time (§ 885a Abs. 5 ZPO).
Who pays for clearing the flat?
In an eviction under § 885a ZPO, removing, storing and selling the belongings are enforcement costs, and the debtor has to pay them. If the tenant moves out voluntarily and leaves belongings behind, you can claim the clearing costs as compensation.
Can I offset the costs against the Kaution (deposit)?
Yes, you can offset claims from the tenancy against the Kaution if you can document them. These claims include clearing costs and damage to the flat, as far as you can back them up with invoices and your record of the condition.
Also in this topic: Limitation under § 548 BGB: six months for damage claimsWhen may a landlord enter the rented flat?Energieausweis when renting out: 2026 rulesNoisy tenant in Germany: what landlords can do
Have you got a neglected flat back?
Record every room before clearing starts, and again once it is empty. BildProof guides you through the flat and creates a structured condition report.
Create your proof