Wear or damage: what you pay for at move-out
How to tell normal wear from damage before you accept a deduction from your Kaution (deposit).
You pay nothing for wear from normal living. For real damage, you only pay the current value, not the price of a new item. Check each deduction on its own and compare it with your move-in photos.
What to know before you accept a deduction
Not every mark in a flat is damage. These six points help you decide whether a deduction is justified.
- 1
What counts as wear
Worn patches where people walk, darkened paint and the usual drill holes are normal wear. Your rent already pays for them.
- 2
What counts as damage
Damage is anything that normal living does not explain, such as a burn hole in the parquet.
- 3
A longer tenancy means more wear
The longer you lived in the flat, the more counts as normal wear.
- 4
How much you pay for damage
Even for damage, you only pay the current value, not the price of a new item.
- 5
The landlord has to prove it
The landlord has to show that it is damage and that it happened during your tenancy.
- 6
The landlord has six months
The landlord's damage claims expire six months after you return the flat.
Why this matters
Under § 538 BGB, tenants are not liable for changes that come from using the flat as the lease allows. The landlord's damage claims expire six months after you return the flat (§ 548 Abs. 1 BGB).
General information, not legal advice.
Frequently asked questions
What counts as normal wear in a rented flat?
Normal wear is everything that comes from normal living, such as worn patches on the floor where people walk, darkened paint, the usual drill holes and worn silicone joints. You are not liable for it (§ 538 BGB).
Do drill holes count as damage?
Drill holes in the usual number and in the usual places are not damage. It is different if there are very many holes, or more holes in tiles or natural stone than mirrors and fittings need.
Do I have to pay the price of a new item if I caused damage?
No, even for real damage you only pay the current value, not the price of a new item. An old, worn floor is worth very little, even if the landlord replaces it with a new one.
Also in this topic: Moving out of a rented flat in Germany: the checklistBalcony, cellar, garden: what counts at handoverBesenrein handover: what tenants owe at move-outEinzugsprotokoll: what tenants should record on move-in dayAll guides: Handover & viewings
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