Apartment Inspection

Apartment Inspection - An apartment inspection is a joint walk-through and documentation of the condition of a rental apartment when the tenant moves in (handover) or moves out (return). It serves to identify defects, damage, and the general condition of the apartment. The results are recorded in the apartment handover report - one of the most important documents in the tenancy agreement.

Procedure and Report

The apartment inspection should be conducted systematically: room by room, walls, ceilings, floors, windows, doors, plumbing fixtures, and electrical installations are inspected. Every defect is documented in the report with a precise description and location - supplemented by timestamped photos. Additionally, all meter readings are recorded (electricity, gas, water, heating), the number of keys handed over is noted, and the functionality of the heating, hot water, and electrical systems is checked.

The report is signed by both parties. If one party refuses to sign, a witness should be called in and this noted. The inspection takes 30-60 minutes, depending on the size of the apartment. The following order has proven effective:

1. Entrance, hallway, storage rooms
2. Living areas with floors, walls, windows, and radiators
3. Kitchen: appliances, range hood, sink, backsplash
4. Bathroom and toilet: grout, fixtures, drains, ventilation
5. Basement and outdoor areas (balcony/patio, parking space)
6. Handover: Counting keys, checking the doorbell label

Legal Significance for Landlords and Tenants

The handover report has significant legal implications: During the move-in inspection, it documents the condition the tenant finds upon moving in-any existing defects cannot be held against them when they move out. During the move-out inspection, it serves as the basis for assessing whether the tenant has fulfilled their duty of care and whether any damage exceeds normal wear and tear.

Landlords have 6 months after the apartment is returned to assert claims for damages (Section 548 of the German Civil Code). Without a report, the burden of proof is difficult for both parties: The landlord must then prove that damage occurred during the tenancy, while the tenant may need to prove that defects already existed upon moving in.

Important: According to Federal Court of Justice (BGH) case law, cosmetic repair clauses in the lease agreement are only valid if they do not contain rigid deadlines and the apartment was handed over to the tenant in a renovated condition. If the clause is invalid, the tenant generally does not have to perform any renovations upon moving out-regardless of the condition of the walls.

Distinguishing Between Normal Wear and Tear vs. Liability for Damages

One of the most common points of contention during the move-out inspection is the distinction between wear and tear permitted under the contract and damages for which compensation is required:

Normal wear and tear (no liability): light scuff marks on hardwood floors, small dowel holes in plaster walls, slight discoloration around light switches and outlets, yellowed silicone caulking after a long tenancy, isolated scratches on tiles.

Damage requiring compensation (tenant liable): deep scratches or dents in the parquet caused by furniture hardware, burn holes in floors or countertops, extensive damage to walls, drill holes not properly filled, broken tiles due to being dropped, damage to door frames due to improper use.

In the event of disputes regarding the distinction, an expert may be consulted-in Nuremberg, the Nuremberg Local Court offers the option of independent evidentiary proceedings in the event of a dispute to have the extent of the damage determined by the court.

Practical Tip for Landlords in Nuremberg

We recommend that landlords in Nuremberg use a standardized inspection report for every apartment handover and always prepare two copies-one for the landlord and one for the tenant. Be sure to photograph parquet and laminate floors, tiles in bathrooms and kitchens, and door frames-these are the most common points of contention in existing apartments in Nuremberg (especially in Gostenhof, Südstadt, and Steinbühl).

For the move-out inspection, we recommend viewing the apartment in daylight and not rushing the inspection. In larger apartments, it may be advisable to consult a professional apartment inspector or property manager who can record the report neutrally and completely. We offer our clients support with the inspection as part of our management services and are familiar with the common pitfalls encountered in Nuremberg.

Frequently Asked Questions

Does the tenant have to be present during the apartment inspection?

The tenant is not legally required to attend the inspection-but it is strongly recommended. If the tenant does not show up at the agreed-upon time, the landlord may conduct the inspection unilaterally with a witness. The report will then be sent to the tenant. Conversely, the tenant may request the inspection if the landlord refuses-in which case the tenant should also bring a witness and document the condition themselves.

What damage must the tenant repair upon moving out?

The tenant is liable for damage that goes beyond normal wear and tear: deep scratches in the hardwood floors, burn holes, damaged tiles, drill holes not properly filled, and defective plumbing fixtures due to improper use. Normal wear and tear-yellowed wallpaper, light scuff marks, small dowel holes, discoloration around light switches-does not need to be repaired by the tenant. According to Federal Court of Justice (BGH) case law, cosmetic repair clauses in the lease are only valid if they do not contain strict deadlines.

Can I reclaim the security deposit before the apartment inspection?

No. The landlord may retain the security deposit until the final settlement - typically up to 6 months after moving out. Only after the apartment inspection, the review for any outstanding utility bill payments, and the repair of any damages must the landlord return the security deposit (plus interest). The tenant can take legal action to recover the security deposit if it is withheld without justification.

What happens if no handover report was prepared?

Without a report, there is no joint documentation of the apartment’s condition. For the landlord, this means they must prove any damage themselves in the event of a dispute and may cite pre-existing damage from earlier periods, which is difficult to prove. For the tenant, there is a risk of being held liable for damage they did not cause. We therefore strongly recommend not foregoing the report-even in a trusting relationship.

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