Moved into an unrenovated flat: how to prove it
What proof you need when your lease says you must renovate, but the flat was already unrenovated when you moved in.
You, not the landlord, have to prove what condition the flat was in on the day you moved in. Photograph every room in full and keep receipts. Then the renovation clause in your lease may be void.
What counts as proof that the flat was unrenovated
The BGH (Federal Court of Justice) itself lists how tenants can prepare. What counts is the overall impression, not a single stain.
- 1
Photos of whole rooms
Take photos of the walls, ceilings, doors and radiators in every room, not just of single spots.
- 2
An entry in the Übergabeprotokoll
When you move in, have yellowed walls, drill holes or picture outlines written into the joint Übergabeprotokoll (handover record).
- 3
A note in the lease
A sentence like “tenant is still painting three rooms” can be worth a lot years later.
- 4
Receipts for paint or a painter
Keep invoices for paint, materials or a painter.
- 5
Witnesses
People who helped you move in, tradespeople or the previous tenant can confirm the condition.
- 6
Old messages and the listing
Emails, chats and photos from the flat's listing from the time you moved in count too.
Why this matters
Under § 307 BGB, a renovation clause is void if it makes you renovate a flat that was handed over unrenovated, without adequate compensation. But you have to be able to show what the flat looked like when you moved in.
General information, not legal advice.
Frequently asked questions
Who has to prove that the flat was unrenovated when I moved in?
The tenant has to prove that the flat was unrenovated. Anyone who argues that the renovation clause is void must describe the condition at the start of the tenancy and prove it if the landlord disputes it (BGH, 18 March 2015, VIII ZR 185/14). The landlord, on the other hand, must prove any compensation for the renovation.
I moved in years ago without photos. What can I still do?
Gather what still exists: receipts for paint or a painter, messages and emails from the time you moved in, photos from the flat's listing, notes in the lease, and people who helped you move in. The BGH expressly names receipts and witnesses as evidence.
Can I make the landlord renovate?
Yes, you can ask the landlord to renovate if the clause is void and the condition has become noticeably worse since you moved in. But you usually have to pay half of the cost (BGH, 8 July 2020, VIII ZR 163/18). Here too, what counts is the condition when you moved in.
Also in this topic: Limitation under § 548 BGB: six months for damage, what tenants need to knowMay my landlord take photos of my flat?Can my landlord enter the flat?Water damage in a rented flat: who pays what?All guides: Rights & duties
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