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Back Apartment acceptance - what needs to be considered?
After a tenancy has ended, either through a termination by the tenant in due time or a termination without notice by the landlord, the tenant is obliged to return his apartment to the landlord in accordance with the tenancy agreement.
This raises the question of the condition in which the tenant has to hand over the apartment.
It is important to completely vacate the apartment and the associated rented rooms, to remove your own installations and to restore the original condition.
Furthermore, agreed cosmetic repairs are to be carried out. This includes cleaning the apartment, removing hooks and dowels and sealing boreholes. Other contractually agreed cosmetic repairs can be found in the relevant clause in the rental agreement.
In addition, the original state of decoration must be restored. In particular, this means returning the apartment in neutral, light and opaque tones that correspond to the usual color taste.
In order to record the overall condition and any defects in writing, an apartment acceptance report is drawn up and all meter readings are also documented. This is signed by the person who carries out the inspection and by the tenant himself.
If there are any complaints, the lessee is given the opportunity to rectify the problem, in which case a new acceptance date would be necessary. When all defects have been remedied, all keys must be returned to the landlord.
This completes the handover of the apartment properly.
Comments
Unfortunately, according to the current case law of the BGH, it is very difficult to enforce cosmetic repairs on the tenant. Normally, it would be wiser to rent out unrenovated apartments and then take them back unrenovated from the tenant. If the tenant wants a renovation, you should ask for a temporary increase in rent (e.g. 2 euros more per square meter for 24 months). I have never seen this approach in practice.