A move not only means organizational effort, but also legal obligations against the landlord. But what rights do tenants have regarding termination, deposit return, or apartment handover? In this article, you will learn What you as a tenant need to consider when moving and what rights you have.
1. Termination of the old apartment – What deadlines apply?
📌 1. Notice period for rental agreements
✅ The statutory notice period for tenants is three months
✅ The termination must in writing and be signed by the main tenant
✅ Deadline starts on End of the monthin which the notice of termination is received
📌 2. Shorten notice period in certain cases
✅ If a New tenant is provided, an earlier termination may be possible (if the landlord agrees)
✅ At Rent increases or serious defects extraordinary termination may occur if necessary
📌 3. Special regulations for fixed-term rental agreements and graduated rents
✅ In a fixed-term rental agreement there is no regular termination option
✅ At Graduated rental agreements Special termination regulations often apply
💡 Tip: The notice of termination should be sent by registered mail or with written confirmation from the landlord to avoid later disputes.
2. Handing over the apartment – What does the tenant have to do?
📌 1. Check the condition of the apartment
✅ The apartment must swept clean be handed over
✅ Damage beyond normal wear and tear should be repaired
✅ If there is a renovation obligation in the rental agreement, check whether this is legal
📌 2. Create a protocol for the handover
✅ Landlords & tenants should prepare a handover protocol with photos
✅ If damages already existed when moving in, they should be noted
✅ Hand over the key in full and have it acknowledged
📌 3. When does renovation need to be done?
✅ Rigid clauses such as “tenant must renovate every X years” are ineffective
✅ Only at heavy signs of wear or individual changes needs to be renovated
💡 Tip: If the landlord refuses to accept defects from the protocol, a Arbitration board or a tenants' association help.
3. Rental deposit – When and how do you get it back?
📌 1. Deadlines for deposit repayment
✅ The repayment must after the end of the tenancyas soon as all outstanding costs have been clarified
✅ The landlord may reasonable period (approx. 3-6 months) to check the apartment
📌 2. In which cases may the deposit be retained?
✅ If Rent arrears or utility bills are outstanding
✅ If damage has been found that goes beyond normal wear and tear
✅ If there was a renovation obligation and it was not fulfilled
📌 3. What should I do if the landlord does not return the deposit?
✅ Send a written reminder & set a deadline
✅ If there is no response: Contact a tenants' association or lawyer
💡 Tip: If the landlord retains part of the deposit without justification, a legal advice help get the money back.
4. Re-registration & administrative procedures after the move
🏠 1. Observe the deadline for re-registration
✅ Within 14 days after the move register with the residents' registration office
✅ Bring your rental agreement or landlord confirmation
📋 2. Report address changes to important authorities
✅ Inform banks, insurance companies & employers
✅ Set up a mail forwarding order with Deutsche Post
🚛 3. Apply for a no-parking zone for the move
✅ If necessary, a Apply for a no-parking zone at the public order office
✅ Prevents problems when loading and unloading the moving van
💡 Tip: If you re-register too late, a Fines may be due, so make an appointment at the Citizens’ Registration Office early.
5. Common points of contention when moving and how to avoid them
❌ Landlord demands unauthorized renovation → Solution: Check rental agreement & law, contact tenants' association if necessary
❌ Deposit will not be refunded → Solution: Send a written reminder & consider legal action
❌ Damage during the move in the stairwell → Solution: Check liability insurance if damage occurs
❌ Landlord refuses to accept new tenant → Solution: Check tenancy law, as there is no general right to a new tenant
💡 Tip: Documentation is key! Take photos of the condition of the apartment before moving to prevent future disputes.
6. Checklist for a smooth move under tenancy law
📌 Before the move:
✅ Submit notice of termination in writing & observe deadlines
✅ Check the rental agreement for renovation obligations
✅ If necessary: Find a new tenant
📌 During the move:
✅ Prepare a handover protocol with the landlord
✅ Leave the apartment swept clean
✅ Register with the residents’ registration office
📌 After the move:
✅ Request deposit in good time & check deadlines
✅ Notify authorities and service providers of address changes
✅ If necessary, clarify any open disputes with the landlord
💡 Tip: If there are disagreements with the landlord, a Legal advice from a tenants’ association or specialist lawyer can help.
Conclusion: Know and enforce your rights as a tenant when moving
✔ Check notice periods and rental agreement clauses carefully
✔ Document the apartment handover with a protocol and photos
✔ Renovation only if legally required
✔ Deposit must be returned if there is no damage
✔ Don't forget to re-register and meet official deadlines
🚛 Are you planning a move and want to be on the safe side? Praktik Transport not only offers professional removals, but also support with legal issues related to the move! Get a non-binding offer now! 🏠✨
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