Apartment handover – housing law expert clarifies
Returning the old apartment is the final chapter in the move to a new home. This does not always go off without a hitch – time and again, its condition becomes the subject of dispute.
The moving boxes are piling up in the new apartment, the old one is already a yawning emptiness. Now all that remains to be done is to return them to the landlord or the landlord’s property manager, who in turn transfers the deposit to the outgoing tenant’s account. But sometimes this step does not go smoothly. “In principle, a tenant must return the apartment as they took it – minus all traces of normal wear and tear. However, it happens time and again that landlords present normal wear and tear as damage. Tenants are then refunded no deposit or much less,” says Walter Rosifka, housing law expert at the Chamber of Labor.
The tiresome subject of boreholes
Drill holes for attaching kitchen cabinets, curtain rails, shelves, pictures or towel rails in the bathroom, for example, are often an issue. “If these devices are dutifully removed when undressing, the holes left behind are normal wear and tear,” says Rosifka. The same applies to scratches in the parquet. “Signs of use are not damage,” clarifies the housing law expert. The situation is different if, for example, the carpet has burn holes – this damage must be compensated by the outgoing tenant when the apartment is handed over.
Coloring is not compulsory
A frequent point of contention when handing over the apartment is also the painting of the rooms. “A painting obligation is only legally effective if it has been explicitly agreed in an individually negotiated contract between the tenant and landlord,” explains the housing law expert. The outgoing tenant must also repaint before moving out if the wall paint has been excessively worn or if the walls have been painted with colors that are unusual for the location, such as red or black.
Apartment handover with handover protocol
Rosifka advises that a handover report and photos of the apartment should always be taken in the presence of witnesses when the apartment is returned. The protocol should include the names of the transferor and transferee as well as the duration of the tenancy. It should also contain a precise description of the apartment and the associated cellar room – including an inventory list and a description of the condition of the floors, walls, doors, windows, sanitary facilities and, if applicable, furniture, meter readings and number of keys. “If you don’t agree with the protocol, you shouldn’t sign it,” says Rosifka. In this context, he recommends creating such documentation when taking over the apartment in order to be able to better document the changes during the course of the tenancy.
Claim for compensation
If there is damage, the outgoing tenant must compensate the landlord for this. However, the latter can only charge the current value, but not the new price, or deduct it from the deposit. However, the outgoing tenant may also be able to demand money from the landlord when the apartment is handed over. This is the case if the tenant has significantly improved the condition of the apartment during the rental period. “However, this only applies if these investments can be replaced, are still effective and useful and have not yet been completely devalued. And he must assert the claim for compensation in good time and in writing,” says Rosikfa. Among other things, the construction or redesign of water, light and gas pipes, a heating or sanitary system, the merging of two substandard apartments and the resulting increase in category or the installation of insulated and/or soundproof windows and thermal insulation measures are eligible for compensation. The tenant will not be reimbursed for the cost of wall installations or a fitted kitchen – even if these remain in the apartment.
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