1. What the Federal Court of Justice says
In 2006 the Federal Court of Justice (BGH) made it clear: the obligation to return a flat "besenrein" is limited to removing coarse dirt (judgment of 28 June 2006, VIII ZR 124/05). In other words, the rooms are empty and as clean as you can get them with a broom or vacuum cleaner. The term does not require a thorough wet clean into every corner.
The legal basis is § 546 of the German Civil Code (BGB): when the tenancy ends, you must return the flat, and it must be cleared. This also applies to ancillary rooms let with it, such as a basement or attic storage room. The Berliner Mieterverein (Berlin tenants' association) advises leaving the flat swept clean, even if you do not have to redecorate.
Does this also apply to heirs? Yes. If nobody takes over the tenancy after a tenant dies, it continues with the heirs (§ 564 BGB). They therefore also take on the obligation to return the flat cleared, in the condition the tenancy agreement requires. How to go about it is explained in the guide clearing a flat after a death.
2. What swept clean includes
- All your own furniture, boxes and belongings are out, including from the basement, attic, balcony and box room.
- The floors are swept or vacuumed; there are no bits of rubbish, crumbs or piles of dust lying around.
- Coarse dirt is gone, for example food remains, packaging waste or leaves on the balcony.
- The fridge and any cupboards that stay in the flat are emptied.
- Your own fittings such as a loft bed, shelving system or built-in wardrobe have been removed if the landlord requires it.
- The letterbox is emptied and name plates are removed.
3. Swept clean or final cleaning?
Cleaning windows, removing limescale in the bathroom and kitchen, degreasing the oven: that is final cleaning, not swept clean. You only owe such work if it has been validly agreed. Redecorating is a separate question too: whether you have to carry out cosmetic repairs depends on the clause in the tenancy agreement, and many standard clauses do not stand up in court. If in doubt, have it checked, for example by a tenants' association.
| Swept clean | Final cleaning | |
|---|---|---|
| Furniture & belongings | Everything out | Everything out |
| Floors | Swept or vacuumed | Also mopped |
| Windows | Not needed | Cleaned, including frames |
| Bathroom & kitchen | Coarse dirt removed | Thoroughly cleaned and descaled |
| Owed? | If agreed in the contract; otherwise sensible to avoid disputes | Only if validly agreed or if you want it |
To be honest: once the flat is empty, you can usually manage swept clean yourself, with a broom, a vacuum cleaner and a few hours. The hard part is emptying it first.
4. Handover checklist
- Go through it yourself the day before; the Berliner Mieterverein advises walking through the flat with two witnesses and recording its condition in your own report.
- Photograph every room, including the basement and attic storage rooms.
- Note the meter readings for electricity, water and heating, ideally with witnesses. Arrange an interim reading with the metering service for the heating costs.
- Gather all the keys: flat, front door, basement, letterbox. The keys must be with the landlord by the morning after the tenancy ends at the latest.
- Read the handover report carefully and do not sign anything you do not agree with.
- Leave your new address for the deposit and the service charge statement.
When we clear, we hand the flat over swept clean. On request we also do the final cleaning; it then appears in the quote at its own price. You do not need to be there: the key can be handed over, and you get photos when we are done.
Further steps before moving out: checklist before a household clearance.
Sources (as of November 2026, without guarantee; in German): BGH, judgment of 28 June 2006 – VIII ZR 124/05 · § 546 BGB · § 564 BGB · Berliner Mieterverein – info sheet 180: problems when moving out