Damage
In this section we will answer the most important questions regarding damage and explain procedures how to deal with it.
Am I responsible for the condition of the property during the tenancy?
Yes. The tenant is responsible for taking proper care of the property from move-in until move-out and must return it in the same condition as received, except for normal wear and tear.
How is the condition of the property at move-in established?
The initial condition of the property is established through the Move-In Record, together with supporting photos and/or video evidence provided by the tenant.
When must the Move-In Record be completed?
The Move-In Record must be completed and submitted within 48 hours of arrival or move-in. Failure to do so may affect the tenant’s ability to prove that damage or defects already existed.
What should be included in the Move-In Record?
The tenant must record the general condition of the property and all relevant visible issues, including walls, ceilings, floors, windows, doors, glass, furniture, appliances, bathroom and kitchen areas, humidity, mold, leaks, stains, missing items, and any broken or damaged elements.
What evidence should I create at move-in?
The tenant should make clear photo and video evidence immediately after arrival, ideally before unpacking or using the property, including one general walkthrough and close-up evidence of any defect, damage, or irregularity.
Which areas must be documented carefully?
All rooms and relevant areas should be documented, with particular attention to walls, ceilings, floors, windows, doors, locks, handles, glass surfaces, kitchen equipment, bathroom fixtures, furniture, visible damage, mold, humidity, leaks, and missing items.
What happens if I fail to record pre-existing damage at move-in?
If pre-existing damage, defects, or missing items are not recorded and reported on time, they may later be presumed not to have existed at move-in, which may place the tenant at risk of being held responsible.
Am I responsible for damage that clearly existed before my tenancy?
Not if the tenant has properly recorded and reported the issue in the Move-In Record and supporting evidence within the required deadline.
What should I do if damage occurs during the tenancy?
Any damage, defect, malfunction, leak, breakage, or deterioration must be reported to the landlord immediately. The tenant must not ignore the issue or allow the condition to worsen.
What happens if I do not report damage immediately?
Failure to report damage without delay may make the tenant responsible not only for the original issue, but also for any additional damage, deterioration, or repair costs caused by late reporting.
Am I responsible for damage caused by my guests or visitors?
Yes. The tenant is fully responsible for any damage, breakage, misuse, disturbance, or loss caused by guests, visitors, or any person admitted to the property by the tenant.
May I repair damage myself without permission?
No. The tenant must not carry out repairs, replacements, alterations, or removals without the landlord’s prior approval, except where immediate action is strictly necessary to prevent further damage in an emergency.
What is considered normal wear and tear?
Normal wear and tear means ordinary minor deterioration resulting from careful and proper everyday use of the property. It does not include broken items, stains, burns, holes, cracked glass, water damage, mold caused by poor ventilation, missing items, or damage caused by negligence or misuse.
What types of damage may be considered the tenant’s responsibility?
The tenant may be held responsible for, among other things, broken doors, broken windows or glass, damaged locks or handles, wall and floor damage, burns, stains, damaged furniture, damaged appliances, water damage caused by misuse, mold caused by poor ventilation, missing items, unauthorized alterations, and damage caused by negligence, carelessness, or improper use.
Is mold or humidity-related damage relevant for damage assessment?
Yes. Mold, condensation, humidity buildup, damp areas, and related damage are highly relevant. Where such issues result from insufficient airing, poor cleaning, indoor moisture buildup, or failure to report a problem in time, the tenant may be held responsible.
What is the purpose of the Move-Out Record?
The Move-Out Record serves to document the condition of the property at the end of the tenancy and to compare it with the condition recorded at move-in.
When should the Move-Out Record be completed?
The Move-Out Record should be completed before departure and handover of the property, and where required, no later than 24 hours before move-out or key return.
What should be included in the Move-Out Record?
The tenant should record the final condition of all rooms and relevant items, including cleanliness, damage, missing items, walls, floors, windows, doors, furniture, appliances, mold, leaks, humidity-related issues, and any changes that occurred during the tenancy.
Can the Move-In Record and Move-Out Record be used for deposit and damage decisions?
Yes. The comparison between the Move-In Record, the Move-Out Record, and any supporting photos or videos may be used by the landlord when assessing damage, missing items, cleaning issues, repair costs, and possible deductions from the security deposit.
Can damage-related breaches lead to lease termination?
Yes. Serious damage, repeated negligence, failure to report defects, unauthorized alterations, false or incomplete reporting, refusal to document the property condition, or substantial breach of damage-related obligations may lead to claims for damages, deposit deductions, formal notice, and, where permitted by the lease agreement and applicable law, cancellation or termination of the lease agreement.
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