New-for-old deduction: what tenants really pay for damage
Why you pay only what the old floor was still worth, how that value is worked out, and why its condition at move-in matters.
You pay nothing for normal wear, and for real damage only the item's current value, not the price of a new one. The older the item was at move-out, the less you owe. Your move-in photos show its age and condition back then.
How to check an item in the Kaution (deposit) statement
Go through every deduction one by one. These questions decide how much you owe.
- 1
Wear or damage?
You pay nothing for marks from normal living.
- 2
How old was the item?
Ask when the floor, kitchen or paintwork was put in and what it cost.
- 3
How did it look at move-in?
A floor that already had scratches at move-in was worth less.
- 4
Current value, not the price of a new one
You pay what the old item was still worth, not what a new one costs.
- 5
Repair before replacement
If a spot can be patched, only the cost of patching counts.
- 6
VAT only with an invoice
If nothing was actually repaired, VAT does not belong in the amount.
Why this matters
The landlord has to prove that the damage happened during your tenancy and what it costs. How much an item was still worth at move-out depends on its condition at move-in. With your own move-in photos, you work with your own numbers, not just the landlord's.
General information, not legal advice.
Frequently asked questions
Do I have to pay for a new carpet if I damaged the old one?
No, you only pay the current value of the old carpet. If the carpet was already many years old, there is often little or nothing to pay.
Can the landlord charge VAT if they never repair anything?
No, the landlord cannot charge VAT without a repair. VAT counts only if it was actually paid (§ 249 Abs. 2 Satz 2 BGB).
How do I find out how old the floor was?
Ask the landlord for the year the floor was laid and for the invoice. Your move-in photos also show what condition it was already in.
Also in this topic: Drill holes at move-out: must you fill them?Kaution withheld for the Nebenkostenabrechnung: how much is allowed?Getting your Kaution back from the HauptmieterMietkaution: how much is allowed?All guides: Deposit
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