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The return of the rented item – Part 1: What to look out for when handing it over.

from
Stefan Ziegler
Lawyer
Specialist lawyer for tenancy and property law

Give me a call: 0261 - 404 99 24
E-Mail:

When returning rented accommodation, there are a number of things that tenants and landlords need to bear in mind. It is important to document the condition of the property at the end of the tenancy, ideally with the help of a witness and photographs. If a handover protocol is requested, tenants should only sign it if it actually documents the absence of defects, and landlords should only sign it if they can assess the condition of the apartment. Signing the protocol is not binding for either party.

In the event of damage to the rented property, the landlord can claim damages from the tenant, in particular for damage to the substance of floor coverings, doors, windows or similar components. Even unusual color decorations can justify claims for damages, since a potential new tenant may not necessarily find them as beautiful as the previous tenant. However, cosmetic repairs are only to be carried out if they have been effectively agreed in the lease.

It is advisable to check in advance whether the cosmetic repair clause in the lease has actually been effectively agreed, since the unjustified assertion of claims on the landlord's side, as well as the simple execution of the work on the tenant's side, can be associated with significant costs. Witnesses with expertise who can assess the condition should be present, and meter readings should be taken. Documentation should be provided. These are the actual and practical considerations that tenants and landlords must each take into account when the apartment is handed over.

You can find more details in the video and in the second part

The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.