Reader question: How do I distinguish between taking my own items, a reasonable takeover offer (Ablöseangebot) and an effective exclusion of the right to remove items (Wegnahmerecht)?
You furnished your German rental flat yourself and want to take the fittings with you when you move out. The letting side wants them to remain and offers money. Before you dismantle anything or agree a price, three questions must be clarified: Which fittings actually belong to you? Is there a right to remove them (Wegnahmerecht)? Can the other side avert the exercise of that right by providing reasonable compensation?
Determine the item and the agreements
Section 539(2) BGB entitles the tenant to remove fixtures with which they have equipped the rented property. This article does not decide whether each individual installation is legally such a fixture. An invoice alone also does not answer all questions about a later agreed takeover. [BGB539]
Therefore collect the original consent, installation documentation, receipts and any later agreements. Describe the specific item and its current condition. If it already forms part of the rented fittings or another agreement was made, that must be clarified before any practical dismantling.
Classify an offer to remain legally
Under section 552(1) the letting side can avert the exercise of the right to remove items by paying reasonable compensation if the tenant has no legitimate interest in their removal. The examination therefore concerns both the compensation and your concrete interest. [BGB552]
Describe why you actually want to take the fittings and what circumstances apply. A comprehensible plan for their intended use is more tangible for the assessment than a blanket refusal of any takeover. Conversely, not every offered sum is reasonable simply because the other side deems it sufficient.
Assess the amount without invented flat formulas
Disclose age, current condition, scope of function and the subject of the offer. Exactly what is supposed to remain, including accessories? Which works or remaining conditions does the offered arrangement take into account? This article does not assert a binding annual depreciation nor a guaranteed percentage of the new price.
In the hypothetical case the offer refers to “the entire fittings”, while the tenant only understood a fixed-built-in part to be included. Before any price assessment, items and scope must be designated individually. Only afterwards can the concrete compensation be sensibly examined.
Do not accept a contractual clause in isolation
Section 552(2) provides that an exclusion of the right to remove items is only effective if reasonable compensation is provided. Therefore read the full agreement and the associated compensation provision. A single sentence “remains in the flat on vacating” is not yet a sufficient basis for a secure personal legal assessment. [BGB552]
Before an agreement is reached it should be clear who pays what amount for which items and what condition the flat should be in on return. Technical works require appropriate professional planning; the right to remove items does not provide a safe instruction for your own electrical or water alterations.
Observe the end of the tenancy as the time limit
Claims for permission to remove fittings prescribe under section 548(2) six months after the termination of the tenancy. That is a different reference point from the regaining of the flat in certain landlord claims. Have a dispute examined in good time. [BGB548]
The usable result is either a clarified professional removal or a clearly delimited takeover. The mere presence of the fittings at key handover should not take the place of an understood agreement.