Einbauküche from the previous tenant: Ablöse and move-out
Who owns the Einbauküche (fitted kitchen), how much Ablöse (takeover payment) is allowed and what happens when you move out yourself.
Only buy a kitchen that belongs to the previous tenant, and do not pay far more than its current value. Record its condition when you take it over, and agree early with the landlord whether it can stay when you move out.
What to settle before you take over the kitchen
An Ablöse is a purchase. These points belong in the contract with the previous tenant.
- 1
Who owns the kitchen
Check that the kitchen belongs to the previous tenant, not the landlord. Only then can the previous tenant sell it.
- 2
Age and original price
Ask for the year of purchase and the invoice, so you can estimate the current value.
- 3
A list of appliances
List the cooker, fridge, dishwasher and extractor hood, each with its brand.
- 4
The price in writing
Put the price in writing. It should not be far above the current value.
- 5
Only if you get the lease
Write down that the purchase only applies if you get the lease.
- 6
The condition on takeover day
Record the fronts, the worktop and the appliances on takeover day.
Why this matters
A kitchen often changes owner several times while the flat stays the same. You can only settle whether the price was fair, and who caused any damage, if you know the kitchen's condition on takeover day.
General information, not legal advice.
Frequently asked questions
How high can the Ablöse for a fitted kitchen be?
According to the courts, the Ablöse for a fitted kitchen can be at most about half above the kitchen's current value. Anything above that is void, and you can claim it back (§ 4a Abs. 2 WoVermittG).
Do I have to take over the kitchen to get the flat?
Buying the kitchen is a separate contract with the previous tenant, and you can decline it. The landlord decides who gets the flat, not the previous tenant.
Do I have to remove the kitchen when I move out?
Usually yes, you have to remove the kitchen if it belongs to you (§ 546 BGB). It can stay if the landlord agrees or takes it over and pays you compensation (§ 552 BGB).
Also in this topic: Pets in a German rental: your rights as a tenantKleinreparaturklausel: when is it valid?Maklerprovision as a tenant: when you have to payCheck your Mietvertrag before signingAll guides: Lease
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