Normal Wear and Tear at Move-Out: Tenant Liability (2026)
Normal Wear and Tear at Move-Out: Tenant Liability
Wear arises from contractual use, and for that you are not liable (§ 538 BGB).
The burden of proof lies with the landlord first: they must prove an objective deterioration exceeding normal wear and originating in your sphere of control; only then must you exonerate yourself (§ 280 Abs. 1 Satz 2 BGB). What is owed is never the replacement cost but the current value.
§ 538 BGBIn 60 seconds
Wear arises when you use the flat as the tenancy agreement provides; damage arises when something is harmed beyond that.
Normal wear is already paid for by your rent. The landlord may neither withhold it from the deposit nor bill it separately (§ 538 BGB).
The landlord must first prove an objective deterioration, that it exceeds contractual wear, and that the cause lies in your sphere of control. Only then must you exonerate yourself (§ 280 Abs. 1 Satz 2 BGB).
Even where damage is established you almost never owe the replacement cost: what is owed is the current value after a "new for old" deduction. Once the economic life is exceeded, the item is written off.
The landlord's claims become time-barred six months from the return of the flat, not from the end of the contract, and not from discovery (§ 548 Abs. 1 BGB).
What the law says
The tenant is not answerable for changes or deterioration of the property brought about by contractual use. Working translation; the German original is the binding text.
A worked example
The landlord bills for a carpet. An economic life of ten years is applied.
A year later the item would be written off and the landlord would recover nothing at all. So ask of every claim first: how old was it? The answer is often already in the move-in record.
Where the line falls, with examples
| Normal wear (§ 538 BGB. You are not liable) | Damage (you may be liable) |
|---|---|
| Tracks and pressure marks in the carpet | Burn hole, deep tear, large stain in the carpet |
| Yellowed or darkened wall paint | Heavy nicotine staining, scratched wall |
| Small drill holes in usual numbers | Drilling into tiled splashbacks or natural stone |
| Matted floor sealing, fine scratches | Deep scratches from moving furniture without pads |
| Worn silicone and sealing joints | Cracked tiles, chipped basin |
| Use marks on the worktop | Burn or cut marks in the worktop |
| Limescaled taps | A torn-off tap, a broken window handle |
| Usual wear from a permitted pet | Scratched door leaves, chewed skirting |
The table is a guide, not a rule of law: it always comes down to the individual case, above all the age and condition of the item and the length of your tenancy. Ten years of use legitimately leave more marks than two.
Before you repaint at move-out, check the Schönheitsreparaturen clause in your contract.
What it means for each side
- Document the move-in condition. It is the yardstick for everything later.
- Note the age of the flooring, kitchen and taps; that decides the current value later.
- Sign no blanket statement at handover about anything you have not checked.
- Object in writing citing § 538 BGB when normal wear is billed.
- Strip out § 538 BGB items before you bill.
- State the age and current value of every item.
- Describe every item concretely: room, location, kind, extent.
- Bill within six months.
Common mistakes
A substantial share of the items is normal wear.
Without a "new for old" deduction you pay too much.
Without an initial condition you effectively carry the burden of proof that legally sits with the landlord.
Check the Schönheitsreparaturen clause before you paint. And do not overlook the limitation period (§ 548 Abs. 1 BGB).
What to do next
Document the move-in condition and note the age of the fittings. Do it with BildProof, about two minutes a room →
Sign no blanket statement at handover about anything you have not checked.
Document the move-out condition: it shows you left only wear behind.
Check each claim: is it really damage, is the current value deducted, is the six-month period observed?
Frequently asked questions
What counts as normal wear in a rented flat?
Everything that inevitably arises from living in the flat as agreed: worn tracks and pressure marks in carpet or parquet, yellowed or darkened wall paint, a usual number of small drill holes, worn silicone joints, a floor seal gone matt, use marks on the worktop. Under § 538 BGB you are not liable for any of it. Wear is already covered by your rent.
Who has to prove that damage was caused by me?
The landlord, first. They must prove that there is an objective deterioration, that it goes beyond vertragsgemäße Abnutzung (normal wear from contractual use, § 538 BGB), and that the cause originates from your sphere of control. If they succeed, the burden reverses: under § 280(1) sentence 2 BGB you must then show that you are not responsible for the breach.
Do I have to pay the price of a new carpet if I damaged the old one?
No. What is owed is the current value, not the replacement price. A "new for old" deduction is applied. Depending on quality, carpets are assigned an economic service life of around 10 years (up to 15 for high-quality material). If that service life has already passed, the floor covering is written off and the landlord receives no compensation at all.
Are drill holes damage?
Drill holes in a usual number and in usual places are contractual use. Hanging pictures, shelves and lamps is part of living somewhere. The line is crossed when the number is exceptional or sensitive surfaces are affected, such as holes drilled into tiled splashbacks or natural stone that can only be repaired at considerable cost.
How long can the landlord claim for damage after move-out?
The landlord's claims for changes or deterioration of the rented property expire six months after the flat is returned (§ 548(1) BGB). The period is short and starts on return, not at the end of the contract. If the landlord only comes forward afterwards, you can raise the defence of limitation.
Is mould automatically my damage?
No. Mould can have structural causes (thermal bridges, missing insulation, rising damp) or arise from use. The landlord must first prove that the cause does not lie in their own sphere, the condition of the building, which as a rule requires an expert report. Only then must you show that you heated and ventilated adequately.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.