# Berlin - Apartment Move Out Rules



## rschatzl (May 27, 2020)

Hello Folks,

I am moving out of an apartment I have lived for the last 2 years. My lease is setup as a sublease from the owner, I think that is so they can skirt the housing laws in Germany. I gave the required 3 month notice and it was accepted by my landlord. There is no damage and the apartment is clean. It says I must paint the entire apartment before I leave. I have read elsewhere that this is not enforceable. Have any of you had this experience? The landlord has two months security deposit. I heard they try to keep your deposit. Should I expect they will try to keep the deposit? What would happen if I did not pay the last months rent. I'm really not considering this but wanted to know my options. I appreciate your help.


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## Harry Moles (11 mo ago)

If you signed the lease and the lease said you must paint the apartment, odds are you've just kissed your deposit goodbye. This is still cheaper than hiring a painter. But if you're concerned, join the local Mieterverein pronto, and talk to them.


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## *Sunshine* (Mar 13, 2016)

rschatzl said:


> My lease is setup as a sublease from the owner, I think that is so they can skirt the housing laws in Germany.


You need someone to read your actual lease and determine whether it falls under regular German tenancy laws or not. 

The Mieterverein might be willing to read your contract and tell you whether they are even able to advise you before you join.


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## rschatzl0 (10 mo ago)

*Sunshine* said:


> You need someone to read your actual lease and determine whether it falls under regular German tenancy laws or not.
> 
> The Mieterverein might be willing to read your contract and tell you whether they are even able to advise you before you join.


Thank you. I was just hoping some members might have had to deal with this painting issue. Or if you can legally not pay your last months rent.


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## Harry Moles (11 mo ago)

rschatzl0 said:


> Thank you. I was just hoping some members might have had to deal with this painting issue. Or if you can legally not pay your last months rent.


Long ago I kissed a deposit goodbye because doing so was cheaper and easier than painting the apartment.


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## *Sunshine* (Mar 13, 2016)

rschatzl0 said:


> I was just hoping some members might have had to deal with this painting issue.


Very often (but nor always) clauses requiring painting are not valid. 



rschatzl0 said:


> Or if you can legally not pay your last months rent.


Legally? The rent you owe and the deposit you are owed are two separate issues that do not cancel each other out. Your landlord could theoretically file a claim against you for the last month's rent.


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