Wohnungsübergabe at Move-Out: Tenant Checklist (2026)
Wohnungsübergabe at Move-Out: Tenant Checklist
You return the flat broom-clean and in contractual condition, not as new.
You are not liable for normal wear through contractual use (§ 538 BGB); the burden of proving damage beyond that lies with the landlord. Never sign a confirmation of damage you did not cause.
§§ 535, 538 BGBIn 60 seconds
You return the flat broom-clean and in contractual condition, not as new.
You do not have to pay for changes through contractual use; normal wear is already covered by the rent (§ 538 BGB).
To withhold from the deposit the landlord must prove there is genuine damage and that it arose during your tenancy. That burden is entirely theirs.
You only owe Schönheitsreparaturen where the contract has a valid clause. Rigid deadlines are void, and where the flat was handed over unrenovated the transfer is only valid if adequate compensation was given.
If the clause is invalid, the duty to redecorate stays with the landlord. You do not have to paint.
What the law says
During the tenancy you may use the flat as the contract provides (§ 535 BGB). The normal wear that arises is already covered by the rent: you do not have to pay for changes brought about by contractual use (§ 538 BGB).
What you are liable for, and what not
| Normal wear, you are not liable | Damage, you may be liable |
|---|---|
| Light tracks in carpet or flooring | Burn holes in the carpet |
| Small scratches in the parquet | Deep gouges, splintered parquet |
| Faded or yellowed wall paint | Large, unremovable stains |
| Drill holes in usual numbers | Excessive or badly drilled holes |
| Limescale on taps | Broken tiles, damaged sanitary ware |
Do I have to redecorate at move-out?
Not automatically. You only owe Schönheitsreparaturen where the contract has a valid clause. The BGH has struck down many: rigid deadlines ("redecorate every three years") regardless of actual condition, and, where the flat was handed over unrenovated, any transfer without adequate compensation. If the clause is invalid, the duty stays with the landlord.
For getting the money back afterwards, see Reclaiming your Kaution.
What it means for each side
- Check the Schönheitsreparaturen clause before you spend money and effort.
- Check every challenged item against the move-in record.
- Sign no confirmation of damage you did not cause, and no waiver of your deposit.
- Keep a copy of the signed record and back up your photos.
- Record only defects that are actually there, described concretely.
- Do not bill normal wear.
- Read the meters together and acknowledge the return of the keys.
- Give the tenant an identical copy of the record.
Common mistakes
It then comes down to one word against another.
Check it against the move-in record before you sign.
Wasted time and wasted money. Voluntary work is not refunded.
The landlord could dispute when the tenancy ended, and in a dispute you lack your most important evidence.
What to do next
Enter the date, the place and the names of everyone present.
Read the meters together and have the returned keys acknowledged individually by type.
Record only defects that are actually there, room by room, with a dated photo of every contested point. Do it with BildProof, about two minutes a room →
Sign only once the record is correct, and take a copy with you.
Frequently asked questions
Do I have to sign an Übergabeprotokoll at move-out?
No, there is no obligation to sign. But a jointly prepared record signed by both sides is your best evidence in a Kaution (security deposit) dispute. Only sign if it accurately reflects the real condition of the flat, and never sign an acknowledgement of damage you did not cause.
Do I have to renovate or repaint when I move out?
Only if your Mietvertrag contains a valid Schönheitsreparaturen (cosmetic repairs) clause. The BGH has struck down many such clauses as invalid, for example rigid renovation deadlines, or clauses where the flat was handed over unrenovated without compensation. If the clause is invalid, you do not have to renovate.
What am I liable for at move-out, and what not?
You are not liable for normal wear from contractual use (§ 538 BGB): light wear marks, small scratches, faded wall paint after years. You are only liable for genuine damage beyond that. Such as burn holes, broken tiles or water damage you are responsible for.
Who has to prove the damage came from me?
The landlord. To withhold money from the Kaution, the landlord bears the full burden of proof that the damage goes beyond normal wear and arose during your tenancy. A move-in Übergabeprotokoll helps you here, because it documents the original condition.
What if the landlord does not show up for the handover?
Then document the condition yourself: dated photos of each room, the meter readings, and ideally a neutral witness. Hand the keys back in a provable way, via a witness or by registered mail, so the tenancy ends cleanly.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.