Whether you are moving to another city or leaving Germany, the end of a lease often leads to disputes about notice periods, renovation and the deposit. Many tenants pay for work they do not owe, or wait too long for their deposit.
Notice
- Period. Three months, regardless of how long you lived in the flat. The notice must reach the landlord by the third working day of a month to count for that month.
- Form. In writing with an original signature of all tenants. Email is not enough.
- Waiver of notice. If your lease contains a waiver of termination, you may be bound for up to four years from the start.
- Fixed-term leases. Only end on the agreed date, unless the fixed term is invalid.
- Leaving early. You can propose a suitable replacement tenant. The landlord is not always obliged to accept, but often agrees.
Renovation
Clauses requiring tenants to redecorate (Schönheitsreparaturen) are often invalid, for example if:
- the flat was unrenovated or needed renovation when you moved in and you received no compensation,
- the clause sets rigid intervals, such as "every three years",
- the clause requires renovation at move-out regardless of condition,
- the clause prescribes specific colours during the tenancy.
If the clause is invalid, you do not have to renovate. If it is valid, you only have to redecorate what is actually needed.
You must always repair damage beyond normal wear and tear, such as holes from excessive drilling or burn marks.
The Handover
- Return the flat swept clean, with all keys.
- Remove your own fixtures unless agreed otherwise.
- Take part in the handover inspection and check the handover record carefully before signing. Note disagreements.
- Take photos of all rooms and meter readings.
Getting Your Deposit Back
The landlord can keep the deposit for a reasonable period to check whether it has claims against you. In practice, this is three to six months. It can hold back an appropriate part for a pending service charge statement.
The deposit must be returned with interest. If the landlord does not return it or offsets unjustified claims, request it in writing with a deadline. Claims for damage to the flat become time-barred six months after the return of the flat.
Points for Expats
- Leaving Germany. Give the landlord your new address and bank details, including IBAN for international transfers.
- Deregistration. Deregister your address within two weeks of moving out if you leave Germany.
- Representation. If you leave before the handover, appoint someone in writing to represent you.
Frequently Asked Questions
Do I have to paint the walls white?
Only if a valid clause requires it and the walls need it. Neutral colours are usually acceptable; bright colours may need to be painted over.
Can my landlord keep the entire deposit for the service charges?
Only an amount that reflects the expected additional payment.
What if my landlord sells the flat?
The new owner is responsible for returning the deposit.
