Damage found after moving in: is there a deadline?
Why the 14 days are a myth, what the law really requires, and how to record damage so you can show it when you move out.
There is no 14-day deadline for damage you find after moving in. Report it without undue delay and in writing. Record it with photos, so the landlord cannot blame you for it when you move out.
What goes in your addendum
A short, clear addendum to the Einzugsprotokoll (move-in record) is enough. These six points make it useful.
- 1
Room and spot
Say exactly where the damage is, for example: bathroom, washbasin, crack bottom left, about 5 cm.
- 2
The date you found it
Write down the day you noticed the damage.
- 3
Photos
Add one close-up photo and one that shows the whole room.
- 4
A request for repair
If the damage gets in the way of using the flat, ask for it to be fixed.
- 5
A request for confirmation
Ask the landlord to confirm they received the addendum, or to countersign it.
- 6
Proof that it arrived
This can be an email with a reply, Einwurf-Einschreiben (registered post delivered to the letterbox) or handing it over against a signature.
Why this matters
If the landlord wants to deduct from the Kaution (deposit) when you move out, they have to prove that the damage happened during your tenancy (BGH, 10 November 2004, XII ZR 71/01). A dated addendum with photos from your first days makes that almost impossible for old damage.
General information, not legal advice.
Frequently asked questions
Do I have to report defects within 14 days of moving in?
No, no law sets a 14-day deadline. But you must report a defect without undue delay once you notice it (§ 536c BGB).
Can I add to the Einzugsprotokoll afterwards?
Yes, you can add to the Einzugsprotokoll with a written addendum that you send to the landlord. Ask the landlord to confirm they received it, and keep that proof.
Can the landlord charge me for old damage when I move out?
The landlord can only charge you if they prove that the damage happened during your tenancy. Your photos and your addendum show that the damage was already there when you moved in.
Also in this topic: Scratches in the parquet at move-out: what tenants paySmoking in a rented flat: what you pay at move-outLost a key as a tenant: who pays for the lock system?Moving out of a Studentenwohnheim: Abnahme and KautionAll guides: Handover & viewings
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