So that the apartment pull-out runs smoothly, tenants should note a few things. Otherwise there could be problems with the landlord later.
Berlin (dpa / tmn) - The move out of the rental apartment raises many questions for tenants. When do I have to be out at the latest? Am i obliged to renovate? Do I have to remove my fitted kitchen? When do I get the rent deposit back? The main answers:
When does the lease end exactly?
Leases are generally perpetual. That means: "They only end if one of the two contracting partners quits," says lawyer Johannes Hofele from the German Lawyers' Association in Berlin. Tenants may terminate their lease without giving three months' notice.
Landlords, on the other hand, need a legitimate interest to terminate the contract, for example their own needs. Or you can terminate the lease without notice if the tenant has violated his obligations. "The notice of termination is usually given at the end of the month, for example June 30th. The lease ends on that day."
The apartment must be returned at the latest on the last day of the tenancy, explains Julia Wagner from the owner association Haus & Grund Germany. If this falls on a Sunday or public holiday, the following working day applies. "However, an earlier or later appointment can also be made with the landlord."
Who needs to renovate?
The renovation of the apartment, i.e. the so-called cosmetic repairs, is basically the responsibility of the landlord. "But he can transfer this obligation in the lease to the tenant," says Hofele. "Whether he has to renovate when moving out depends heavily on the wording of the relevant clauses."
"A rule of thumb could be that tenants only have to return the apartment as they have taken it over," says the lawyer. "If it was not renovated and the tenant was not compensated for it, the tenant does not have to renovate it before moving out. He only has to undo the traces of his own use."
Who is liable for damage?
"The basic principle is that the apartment must be in a contractual condition when it is handed over to the landlord," clarifies Siegmund Chychla, chairman of the tenants' association in Hamburg. "To do this, it must be cleared and there must be no damage. If damage is found, the landlord can request that the tenant remove it before moving out."
"However, tenants should not wait until the end of the tenancy until they report damage to the landlord," advises Wagner. "It's better to let me know straight away. Then the chances are good that the tenant can find a repairman himself or do it himself."
Basically, it is up to the landlord to remedy the damage. In case of doubt, the tenant only has to pay the costs. These can be offset against the rental deposit after the lease has ended.
Do tenant internals always have to be removed?
Basically yes. Here too, the tenant must hand over the apartment in accordance with the contract. The tenant's installations are usually not included. "The landlord can request that all internals be removed, no matter how sensible the tenant sees it," Chychla emphasizes.
"The tenant needs the landlord's consent before interfering with the structure of the building, such as a bathroom renovation. Both contracting parties should then immediately state what happens to the installation and renovation after moving out." It is possible that the landlord will take them over and even pay something for them.
Is a handover protocol mandatory?
"A handover protocol is not mandatory, but it makes sense," says Wagner. "It works best if the condition of the apartment has already been recorded when moving in. Then you can easily see deviations and changes."
Attorney Hofele advises that the handover protocol be drawn up with the landlord as far as possible. "The objective state should be recorded without any blame. Photos are a good help to document possible damage and defects. It is also important to write down all meter readings."
"The handover protocol should be written briefly and concisely. The tenant does not have to sign long lists of the landlord, he can take the time to check the facts," emphasizes Siegmund Chychla.
When is the rental deposit paid back?
The landlord must return the deposit immediately after handing over the apartment. "It's usually two to three months," says Chychla. If he has justified claims on the tenant, a longer period can also be justified. At most, an appropriate security retention is permitted for operating costs that are still to be billed.
"Many landlords do not know that they can only claim damages against the tenant within six months of returning the apartment," adds Hofele. "After that, these demands are time-barred."
