Clean Move-Out Handover for Tenants in Germany
As a tenant in Germany, the clean move-out handover often marks the end of a lease and can determine the return of your deposit and potential disputes. This guide explains in plain language what obligations you have, how to document damages and cleaning needs, which deadlines apply, and which official laws and courts are relevant. You will receive a practical checklist, guidance on photo documentation, sample notes on forms, and a step-by-step procedure for a secure key handover. The goal is to give you confidence during the handover, avoid unnecessary conflicts, and recover your deposit fairly. Read the relevant paragraphs in the BGB and use the official forms for lawsuits or objections if necessary. Good documentation and a consistent photo check reduce the risk of disputes. In unclear cases, the local court (Amtsgericht) can help as the first instance.
Preparation before Handover
Prepare the handover systematically: collect photos, receipts for repairs and an overview of completed cleaning tasks. Have a handover protocol ready and arrange a fixed appointment with the landlord.
- Take photos of every room side (photo) and date them so condition and damages are provable.
- Check the deposit (deposit): review the accounting and keep payment receipts.
- Collect all keys and set a key handover appointment (keys?).
- Observe deadlines (deadline): meet termination and return deadlines in time.
Legal Basis
Obligations and rights regarding the handover are mainly regulated in the BGB; the relevant tenancy law paragraphs are §§ 535–580a of the BGB[1]. Procedural matters for lawsuits or eviction are governed by the ZPO[2]. For legal questions and precedents, decisions of the Federal Court of Justice (BGH) are authoritative[3].
Checklist: Clean Move-Out Handover
- Complete final cleaning (move-out): clean floors, kitchen and bathroom, remove visible dirt.
- Document damages (photo/evidence): take photos, note date and a short description in the protocol.
- Hand over all keys (keys): have the landlord confirm receipt in writing in the handover protocol.
- Read and record meter readings (record): check electricity, gas and water at the handover appointment.
- Clarify the deposit (deposit): observe deadlines for accounting and keep receipts for expenses.
FAQ
- What does "besenrein" mean exactly?
- "Besenrein" means the apartment is free of coarse dirt: floors swept, kitchen and bathroom clean, rubbish removed. It does not replace necessary renovation work if contractually agreed.
- Who pays for the final cleaning?
- Generally, the tenant is responsible for handing over the apartment clean. Costs for normal wear and tear are usually borne by the landlord; the tenant is liable for contract-violating damage.
- What to do in case of disagreement with the landlord?
- Stay factual: document, send an informal email or letter, request a handover protocol and, if necessary, involve the local court (Amtsgericht) as mediator.
How-To
- Arrange an appointment (move-out): set date, time and meeting point with the landlord.
- Take photos (photo): photograph each room and any damages in daylight.
- Create a handover protocol (record): note condition, meter readings and number of keys.
- Hand over keys (keys): give all keys and get written confirmation of receipt.
- Check deposit accounting (deposit): request a detailed statement and receipts for any deductions.
Help and Support / Resources
- BGB – Civil Code (Gesetze im Internet)
- ZPO – Code of Civil Procedure (Gesetze im Internet)
- Federal Court of Justice (BGH) – Case law