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Tenant turnover: process and deadlines for managers (2026)

Key points

Tenant turnover: process and deadlines for managers

A chain of deadlines running in parallel, two weeks, three to six months, six and twelve months.

Scheduling the pre-inspection early buys the time to book trades before the move-out date, and documents both the initial and final condition before the next tenant arrives.

§ 19 BMG

In 60 seconds

1

Claims for deterioration of the property become time-barred six months after return (§ 548 Abs. 1 BGB).

2

The Wohnungsgeberbestätigung must be issued within two weeks; forgetting it is a regulatory offence carrying a fine of up to €1,000 (§ 19 BMG).

3

The operating-cost statement runs to twelve months (§ 556 Abs. 3 BGB); for the deposit statement the case law allows a reasonable review period of usually three to six months.

4

A pre-inspection does not replace the return: certify nothing across the board. A certified defect-free condition can exclude later claims as a negative acknowledgement of debt (§ 397 Abs. 2 BGB).

5

Where operating costs are still open, only a reasonable portion of the deposit may be retained, not the whole sum.

What the law says

The provider of accommodation must confirm the move-in or move-out to the person subject to registration, in writing or electronically, within two weeks. Failing to issue the confirmation, or issuing it incorrectly or late, is a regulatory offence; the fine can be up to one thousand euros. Working translation; the German original is the binding text.

The four deadlines, and when each starts

PeriodFromFor
2 weeksmove-in or move-outWohnungsgeberbestätigung (§ 19 BMG)
6 monthsreturn of the flatlimitation of damage claims (§ 548 Abs. 1 BGB)
3–6 monthsend of the tenancyreasonable review period for the deposit statement
12 monthsend of the accounting periodoperating-cost statement (§ 556 Abs. 3 BGB)

Only require redecoration where the clause in that particular tenancy is valid: check it unit by unit.

Related: The handover record for property managers and Deposit statements without a dispute.

What it means for each side

For tenants
  • Ask for the Wohnungsgeberbestätigung within two weeks, without it you cannot register.
  • Have the meters read and recorded jointly.
  • Sign no blanket statement at the pre-inspection.
  • Check any deposit retention for open operating costs is proportionate.
For landlords
  • Schedule the pre-inspection early so trades can work during the vacancy.
  • Document the initial and final condition before the next tenant moves in.
  • Read the meters rather than estimating them.
  • Issue the Wohnungsgeberbestätigung in time.

Common mistakes

Documenting only at move-out

Without an initial condition you cannot show the damage arose during the tenancy.

Pre-inspection too late

Trade appointments can then no longer be fitted into the vacancy.

Retaining the whole deposit because operating costs are open

Only a reasonable portion is permitted, measured against the back-payment expected.

Estimating meter readings, or forgetting the registration confirmation

A dispute over consumption between the outgoing and incoming tenant is then guaranteed, and the missing confirmation costs up to €1,000 (§ 19 BMG).

What to do next

1

Schedule the pre-inspection early, in daylight and with enough time.

2

Record the condition concretely per room, with wide and detail shots. Do it with BildProof, about two minutes a room

3

Read the meters jointly and count the keys separately by type.

4

Get both signatures, issue identical copies, and diarise the four deadlines.

Frequently asked questions

What is a pre-inspection and when is it worth doing?

A pre-inspection (Vorabnahme) is a viewing some weeks before the actual move-out date at which the condition is walked through together. It is not mandatory, but at portfolio scale it is the most effective lever: the tenant learns in good time what they still have to do, and the manager can schedule trades for the days immediately after the return rather than weeks later. A pre-inspection does not replace the actual return.

How long may the deposit be withheld after move-out?

§ 551 BGB sets no fixed period. Case law grants a reasonable review period, as a rule three to six months after the end of the tenancy (BGH, judgment of 18 January 2006, VIII ZR 71/05). Where a Betriebskostenabrechnung is still outstanding, a reasonable part of the deposit may be retained for longer, but not the entire amount without justification.

By when must the Wohnungsgeberbestätigung be issued?

Within two weeks of the move-in or move-out (§ 19 BMG). Without it the tenant cannot register with the registration authority. Issuing it late, incorrectly or not at all is a regulatory offence carrying a fine of up to €1,000; a sham confirmation can be penalised with up to €50,000.

When should meter readings be taken?

On the day of the return and on the day of the new handover, each time jointly and documented with the meter number and reading. These figures separate consumption between the outgoing and incoming tenant and are the basis of the Betriebskostenabrechnung, which must reach the tenant within twelve months of the end of the accounting period (§ 556(3) BGB).

May the flat be viewed before the tenant moves out?

Viewings for re-letting are generally possible, but only with reasonable advance notice and at reasonable times, until the return the tenant has exclusive possession. There is no right of access without agreement; a reasonable number of arranged appointments is the usual route.

What is the most common mistake in a turnover?

Recording the condition only at the return. Without a documented move-in condition there is no way to show that a deterioration arose during that tenancy, and that burden sits with the landlord side (§ 538 BGB, § 280(1) sentence 2 BGB). The second most common is losing the six-month period of § 548(1) BGB somewhere in case handling.

Sources

This page gives general information as at the date shown. It does not replace legal advice on an individual case.