Short answer: If the tenant leaves a significant amount of their own belongings in the flat after the end of the contract – for example, furniture from which they have clearly not relinquished possession – this constitutes a Unlawful partial eviction The landlord can then sue for eviction and, under certain conditions, claim compensation for use. It looks different with a lot of worthless junk or bulky waste: In this case, the tenant has poorly fulfilled their obligation to return the property, but the flat is considered to have been returned. A Federal Court of Justice ruling from 18 June 2025 (Ref. VIII ZR 291/23) has also newly sharpened the legal situation regarding compensation for use – thereby noticeably strengthening the tenant's position.
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. This post explains the general legal situation regarding leaving furniture and belongings in a rented flat. It does not replace individual legal advice. For your specific situation – whether as a tenant or landlord – please contact a Solicitor for tenancy law.
What is it specifically about?
The tenancy agreement has ended. The tenant has moved out, handed over the keys – but an old sofa is still in the cellar, the wardrobe remains in the bedroom, and the fitted kitchen with appliances has been left in the kitchen. Sometimes it's just a few boxes of junk, sometimes almost a complete furnishing.
This is annoying for the landlord. He wants to re-let the flat, but first he has to deal with the belongings left behind – and consider whether he can demand money from the former tenant. For the former tenant, the question arises: Was this even a problem? Is it not enough that I handed over the keys?
The answer from rental law is not simply „yes“ or „no“. It depends on, what was was left behind, How much, and above all: whether the tenant has clearly given up possession of the items or not.
The legal basis: § 546 BGB and the obligation to return
According to § 546 (1) of the German Civil Code (BGB), the tenant is obliged to return the rented property to the landlord upon termination of the tenancy agreement. This obligation sounds simple but has two components that often diverge in practice:
- Acquisition of property – the landlord must regain actual control of the flat. In practice: handover of all keys.
- Vacating the rented property The flat must be free of any items the tenant has brought in. Personal furniture, belongings, fixtures – everything must go.
Only when both prerequisites are met has the tenant fully fulfilled their obligation to return the property. Merely returning the keys while leaving furniture behind is not sufficient. This is the basic rule – and this is precisely where the concept of „partial vacating“ comes in.
Unlawful partial eviction
One Unlawful partial eviction is present when the tenant has outwardly moved out, but still has belongings in the flat to which they have the Possession not demonstrably relinquished hat. The Kammergericht Berlin clearly formulated the standard in its order of 13 April 2015 (Ref. 8 U 212/14):
„A partial evacuation only occurs if items remain on the premises that the tenant has evidently not relinquished possession of.“
The decisive factor, therefore, is not solely, Ob something was left behind, but What is the meaning these items for the tenant. If he deliberately leaves furniture that he intends to collect later, he retains possession – and the eviction is incomplete. If, on the other hand, he throws worthless bulky waste into the cellar, he wants nothing more to do with it – then he relinquishes possession, even if he has not taken care of its disposal.
The court's rule of thumb
Case law works with two simple criteria:
- Scope and Significance – Is the amount left behind so great that the landlord cannot reasonably enter or re-let the rooms? Then an impermissible partial eviction regularly occurs.
- Abandonment of property – Is it items the tenant clearly no longer has any interest in (typically: rubbish, junk, bulky waste)? In this case, the flat is still considered to have been returned.
Significant Items versus Clutter – The Legal Distinction at a Glance
This distinction is at the heart of the entire legal situation. The following overview shows which legal consequences are associated with it:
| Situation | Legal categorisation | Follow-up for the landlord | Follow for the tenant |
| Tenant leaves substantial furniture, fixtures or personal belongings that they have not abandoned ownership of | Unlawful partial repossession – Obligation to return property under § 546(1) BGB not fulfilled | Eviction claim exists; eviction proceedings possible; if applicable, claim for usage compensation under § 546a BGB | Obligation for complete clearance; cost risk of the eviction procedure |
| Tenant leaves behind little junk, boxes, or obviously worthless bulky waste | Defective performance of the duty to vacate (§ 280 BGB), but effective return | No more claim for eviction; but damages for disposal costs | Reimbursement of disposal and clean-up costs |
| Bulky waste in such large quantities that individual rooms are no longer accessible. | Unlawful partial eviction – Usability impaired | As with substantial furniture – eviction possible | Full demolition obligation; higher costs |
| Things obviously ownerless within the meaning of § 959 BGB (e.g. rubbish) | Waiver of ownership – no safekeeping obligation for the landlord | Immediate disposal at the tenant's expense is permissible | Reimbursement of disposal costs |
The lead case: Kammergericht Berlin, order of 13.04.2015, file no. 8 U 212/14
This procedure clearly shows how the courts draw the line.
The facts of the case
A landlord had rented out commercial premises (a restaurant). When the tenant failed to pay the rent several times, he terminated the tenancy with immediate effect under Section 543 (2) No. 3 b of the German Civil Code (BGB). After the termination, the tenant initially remained in the premises. The landlord filed Court representation in landlord/tenant disputes. Still before However, once the lawsuit was served, the tenant vacated the restaurant and handed over the keys.
However, bulky waste remained in the cellar, and some furnishings were left in the main rental rooms. The landlord saw this as a prohibited partial vacating and maintained his claim for eviction. Initially, the Regional Court agreed with him. On appeal, the landlord then withdrew his claim – but still wanted the tenant to cover the legal costs incurred.
The Court of Appeal's decision
The Berlin Court of Appeal saw it differently from the regional court. It ruled that the eviction had already been carried out before the action was commenced – with the consequence that the landlord had to bear the costs of the delayed withdrawal of the action himself.
The central reason: The bulk waste left in the basement represented none constitutes an inadmissible partial repossession. The items remaining in the basement, according to the photographs, were worthless objects in which the tenant clearly no longer had any interest. She had thereby relinquished possession of them. Furthermore, regarding the furnishings in the main rental rooms, it was unclear whether they actually belonged to the rented property, as the landlord had not provided sufficient evidence to this effect during the proceedings.
The Court of Appeal drew two conclusions from this:
- Does the tenant let substantial amount Returning items belonging to them constitutes an unlawful partial eviction.
- He only lets little clutter or Minor bulky waste back, this does not preclude the acceptance of a return. It is then only a Breach of contract the obligation to clear – with possible Claims for damages under § 280 BGB, but without a claim for eviction.
Current development: Federal Court of Justice ruling of 18 June 2025 on compensation for use
In June 2025, the Federal Court of Justice dealt with a follow-up question in a landmark decision: What happens if the tenant has moved out but leaves behind furniture and fixtures – and the landlord for Compensation for use as required by § 546a (1) of the German Civil Code (BGB)?
The ruling of 18 June 2025 (Case No. VIII ZR 291/23) has significantly clarified the conditions for such compensation for use – and is highly relevant in practice because many disputes revolve precisely around this question.
The case before the Federal Court of Justice
A tenant had rented a 180 m² flat in Hanau and had given ordinary notice to terminate the tenancy in 2017. Although he had moved out, he had left a fitted kitchen and some pieces of furniture in the flat. The landlord considered Legal advice on tenancy bonds and rent increases for invalid and proceeded on the assumption of the continuation of the tenancy. The keys were not returned until October 2018.
It was only years later that it was legally established that the tenant's termination was effective from the outset – meaning the tenancy had already ended on 31 August 2017. The landlord demanded the full rent for the period between the end of the contract and the return of the keys as compensation for use pursuant to § 546a (1) of the German Civil Code (BGB). Ultimately, his argument was that the tenant had left furniture behind and thus continued to „occupy“ the flat.
What the Federal Court of Justice decided
The Federal Court of Justice has rejected the landlord's claim – with clear reasoning that extends far beyond the individual case:
- Withholding under § 546a of the German Civil Code requires two things – cumulative: The tenant does not return the rented property., and This failure to return contradicts the landlord's wishes. Both conditions must be met.
- No intention to retake, no claim under § 546a. If the landlord does not wish to have the property back themselves – for example, because they consider the tenant's notice to be invalid and wish to continue the tenancy agreement – the necessary intention to regain possession is absent. In that case, there is conceptually no withholding of possession.
- Instead, only compensation for enrichment can be claimed. – according to §§ 812, 818 BGB. The benchmark is then not the agreed rent, but the actual Usability value. If the tenant is only using the flat to store furniture and no longer for living, the value is based on this restricted use – meaning it would be valued like storage or a storage room, not like a fully functional flat.
The Federal Court of Justice has undermined a widely used strategy in practice: landlords who object to a tenant's notice of termination and simultaneously want to collect the full rent for the period until the actual vacation of the premises will, since this ruling, more frequently be left empty-handed.
What does that mean in practice?
As of mid-2025, landlords face stricter rules: anyone wanting compensation for use must provide their Willingness to take back communicated demonstrably and unambiguously. Specifically, this means:
- Written request for vacation and handover of keys, with a clear deadline.
- Explicitly request the tenant return the flat – even if you consider the termination itself to be invalid.
- When in doubt, offer to accept the keys back, otherwise you risk losing the claim for compensation for use at the same time as a dispute over the validity of the termination.
For tenants, this means: those who leave furniture behind after giving notice do not automatically continue to owe the full rent. If the landlord themselves shows no interest in taking the items back, at best, a significantly reduced claim for unjust enrichment may be considered.
What can a landlord do with abandoned furniture?
This is the second major question that arises in practice – and it is often answered incorrectly. The landlord is not allowed to simply throw abandoned furniture in the bulky waste. This applies even if the items appear worthless in his opinion.
Landlord's duty of safekeeping and custody
The landlord must first of all to store. This duty of care arises from the general principles of property law and an appropriate application of the rules on unauthorised agency.
The Retention period is not rigidly prescribed by law. It depends on the scope and value of the items, the time and cost involved in storage, and the landlord's practical capabilities. The following are considered indicative values:
- For more valuable furniture or personal belongings: as a rule about two months.
- In the case of a court-ordered eviction under the „Berlin Model“: Section 885a, Paragraph 4 of the German Code of Civil Procedure (ZPO) provides for a one-month retention period, which is used as a statutory guideline.
- For bulky, difficult-to-store items: The deadline can be reasonably shortened – but should not be less than 14 days.
What can be disposed of immediately?
An exception to the safekeeping obligation applies to Lost property in the sense of § 959 of the German Civil Code (BGB). These include:
- Obvious household waste and spoiled food.
- Bulky waste that is clearly no longer of interest.
- Worthless items that would find no rational buyer.
Caution is advised with things that for the landlord appear worthless, but could actually have value – art, collectibles, designer furniture. If in doubt, the landlord should ask the owner to collect the items, set a reasonable deadline and threaten removal in writing.
Recommended course of action for landlords
- Handover Protocol Creation - On the day of the handover, document all remaining items, with photos if necessary. This protects against later disputes about the inventory and condition of the items.
- To request a tenant in writing – request collection by registered post or with proof of delivery, with a clear deadline (usually 14 days to 1 month). Announce specific consequences: „Otherwise, the items will be disposed of or otherwise utilised at your expense.“
- Store valuables – if the flat is to be sublet, in its own rooms or cost-effectively in storage. the landlord can later claim reimbursement of the necessary storage costs from the tenant.
- To dispose of after the deadline – for items with residual value, ideally through sale or auction. The proceeds, less costs, will go to the former tenant.
- On waste: dispose of immediately – but carefully document what was treated as waste.
Important Deadlines at a Glance
- Handover of the flat by the end of the tenancy at the latest (§ 546 Para. 1 BGB).
- Time limit for eviction proceedings no fixed deadline; depends on the statute of limitations (3 years for rental contract claims under § 195 BGB).
- Landlord's duty of safekeeping as a rule, approximately 2 months for valuable items; in the case of eviction under Section 885a (4) of the German Code of Civil Procedure (ZPO), one month.
- Statute of limitations for landlord's claims for damages (Damage, work not carried out): 6 months from the return of the rented property (§ 548 (1) BGB) – a very short period that is often overlooked in practice.
Common misunderstandings
„Once I hand back the keys, it'll all be sorted.“
No. The handover of the keys is only part of the return. As long as there are significant items in the flat that the tenant has not relinquished possession of, the vacating remains incomplete.
„The landlord is allowed to throw away anything that is left behind.“
No. Furniture and personal belongings are the property of the tenant. The landlord has a duty of care and custody – unauthorised disposal can lead to claims for damages.
„The landlord can continue to demand full rent for furniture in the cellar.“
Only possible to a limited extent since the BGH (Federal Court of Justice) ruling of 18 June 2025. Without demonstrable intent by the landlord to reclaim possession, there is no compensation for use under § 546a of the German Civil Code (BGB), but at most unjust enrichment compensation – and this is calculated based on the actual value of use (furniture storage), not the agreed rent.
„Bulky waste in the basement is always an inadmissible partial clearance.“
No. As long as it concerns items that the tenant clearly no longer has an interest in, the flat is considered to have been returned. However, this constitutes a poor performance of the obligation to vacate, which can trigger a claim for damages by the landlord (disposal costs).
What should tenants and landlords do specifically?
If you are a tenant and are moving out
- Tidy up the flat Complete. Even cellars, attics, and garages count if they are part of the tenancy agreement.
- Dispose of bulky waste yourself. Disposal by the landlord afterwards is more expensive than the city's bulky waste collection.
- If furniture is to be left behind (for example, for the next tenant), conclude a written agreement with the landlord or the next tenant – with a clear handover and description of the items taken over.
- Create a handover protocol with photos. This protects you from later claims that you left more behind than you actually did.
If you are a landlord and find furniture
- Document the condition of the flat immediately: photos, handover protocol, witnesses if applicable.
- Do not make independent assessments – not even „due to hardship“ because the flat is to be re-let.
- Demand in writing and with proof that the tenant collect the item, setting a clear deadline and explicitly stating the consequences.
- If you want compensation for use: Make your Willingness to take back clearly and documented by you. Otherwise, you risk the claim expiring – see ruling of the Federal Court of Justice of 18 June 2025.
- Please note the short limitation period of 6 months from § 548 (1) BGB for claims for damages due to damage or non-completion of removal.
When legal support is worthwhile
The legal situation regarding the abandonment of furniture touches upon several areas of tenancy and property law: the duty to vacate, claims for damages, compensation for use, the duty of care for stored goods, and ownership issues. Disputes typically arise in situations that are not legally straightforward – for example, with a mixture of valuable and worthless items, in cases of disputed terminations, or when the landlord is considering an eviction lawsuit.
A legal review is advisable in the following situations:
- The landlord intends to file for eviction proceedings, even though the tenant has moved out and handed over the keys.
- The landlord is demanding several months' rent as compensation for alleged continued occupancy of the flat.
- The landlord has disposed of furniture that you consider to be of value.
- It is disputed whether furniture belonged to the rental inventory (e.g. fitted kitchen).
- For commercial rental agreements, where eviction and inventory issues are often complex.
The law firm MTH Tieben in Cologne advises tenants and landlords on all matters relating to tenancy, termination, eviction, and claims for damages. You can reach lawyer Helmer Tieben at 0221 80187670 or by email at info@mth-partner.de.
Frequently asked questions (FAQ)
What counts as a „significant amount“ of abandoned items?
There is no hard and fast rule. A holistic view is decisive: Can individual rooms no longer be reasonably entered or sublet? Is there furniture or fixtures that the tenant clearly wants to keep? Then a significant amount is to be assumed. An old sofa alone will generally not suffice; an almost complete furnishing or a fitted kitchen that the tenant wants to „leave to the next tenant“, however, will.
May a landlord simply dispose of abandoned furniture after 14 days?
For valueless junk and bulky waste: yes, even immediately. For valuable furniture or unclear status: no. The retention period is generally about two months, but can be shortened to 14 days for smaller items. The important thing is always: request for collection with a deadline, in writing and verifiable.
Can the landlord continue to demand full rent if the tenant leaves furniture behind?
Only if he has a clear intention to take the property back and communicates this – meaning he genuinely wants the flat back and asserts this. If this intention is missing (for example, because the landlord considers the termination to be invalid), the claim for compensation for use under Section 546a of the German Civil Code (BGB) is void. Instead, only a claim for unjust enrichment based on the actual value of use is possible. This was clarified by the Federal Court of Justice (BGH) on 18 June 2025 (Case No. VIII ZR 291/23).
What happens if the tenant leaves the fitted kitchen behind?
It depends on the agreement. If the landlord provided the fitted kitchen when the tenant moved in, it's part of the rented property and belongs to them – leaving it behind is therefore not a partial clearance. If the tenant installed it themselves and wishes to „leave“ it for the next tenant, this is typically an impermissible partial clearance unless a take-over agreement is reached.
What is the deadline for the landlord's claims for damages?
Six months from the return of the rented property – according to § 548 (1) of the German Civil Code (BGB). This short statute of limitations is often overlooked in practice. Landlords who wish to assert claims for damages, non-performance of clearance, or disposal costs after a tenant has moved out must act quickly.
Is an eviction lawsuit worthwhile if the tenant has only left bulky waste behind?
As a rule, no. According to the case law of the Kammergericht Berlin (File Ref. 8 U 212/14), leaving bulky waste behind is not an unlawful partial repossession. An eviction action would therefore be unfounded and associated with a high risk of costs. The better approach: dispose of the bulky waste at the tenant's expense and claim the costs as damages under Section 280 of the German Civil Code (BGB).
In summary
Whether leaving furniture behind constitutes an unlawful partial eviction does not depend solely on the number of items, but on whether the tenant has demonstrably relinquished possession of them. Significant personal belongings justify a landlord's claim for eviction; bulky waste and junk only lead to a breach of the duty to vacate. The BGH ruling of 18 June 2025 further clarified that compensation for use pursuant to § 546a BGB requires a clear intention by the landlord to take back possession – if this is lacking, there is at best a reduced claim for unjust enrichment.
In practice, this means that both sides benefit from clear documentation, careful communication and, if in doubt, early legal advice.
Written by Lawyer Helmer Tieben, Sachsenring 34, 50677 Cologne. Specialities: Tenancy law, employment law, immigration law and digital law. Consultations in German and English.
Sources and Legal Basis:
- § 546 BGB – Tenant's obligation to return
- § 546a BGB – Landlord Compensation for Late Return
- § 543 (2) No. 3 b German Civil Code Termination without notice in case of default
- § 280 German Civil Code – Damages for Breach of Duty
- § 548 Paragraph 1 of the German Civil Code (BGB) – Statute of limitations for claims for damages in tenancy law
- § 959 BGB – Abandonment of Ownership (Ownerless Things)
- §§ 812, 818 BGB – Adjustment of enrichment
- Section 269 (3) of the German Code of Civil Procedure – Costs of Withdrawal of Action
- § 885a of the German Code of Civil Procedure (ZPO) – Berlin Model of Eviction Enforcement
- Kammergericht Berlin, Order of 13 April 2015, Ref. No. 8 U 212/14
- BGH, Judgment of 18.06.2025, File Ref. VIII ZR 291/23
- BGH, judgment of 12 July 2017, ref. VIII ZR 214/16
