Clean Handover: Tenant Guide Germany
Checklist before the Handover
Use this short checklist in the last days before the handover appointment to avoid unnecessary claims.
- Schedule a binding handover appointment (date & time)
- Thoroughly clean floors, kitchen and bathroom
- Carry out or document small repairs
- Prepare the handover protocol, sign it and add photos
- Hand over keys and note meter readings
- Check the security deposit accounting and collect receipts
Rights and Obligations
The main legal rules are in the German Civil Code (BGB), especially concerning tenant and landlord duties during tenancy and handovers[1]. Procedural rules for lawsuits are in the Code of Civil Procedure (ZPO), e.g. for eviction or claim proceedings[2].
In practice, rental disputes are usually decided by the local court (Amtsgericht) in the first instance; appeals go to the regional court (Landgericht) and the Federal Court of Justice (BGH) sets precedents[4]. Missing deadlines can forfeit rights, so respond promptly to formal landlord letters.
Forms and Templates
There is no single official "handover protocol" form, but some official templates and guidance are important to know:
- Termination letter (rental) – templates and guidance from the Federal Ministry of Justice[3]
- Claim form/civil procedure forms (ZPO) – forms and guidance for filing claims at the local court[2]
- Handover protocol: use templates but always keep your own photos and signatures as evidence
Practical example: Use a clear room-by-room handover protocol, note meter readings and ensure the landlord or their representative signs. Secure all photos with date and time information.
FAQ
- Who pays for final cleaning when moving out?
- Generally the tenant is responsible for returning the property in the contractual condition; specific lease clauses may allocate cleaning duties. If unclear, a court may decide.
- What should a handover protocol contain?
- Date, time, meter readings, existing damages, photos, list of handed-over keys and signatures of both parties are essential items.
- How long does the landlord have to make deductions from the deposit?
- There is no uniform deadline, but the landlord should prepare the accounting within a reasonable time; if disputed, the local court will decide.
How-To
- Arrange and confirm the appointment with the landlord by email or letter
- Clean the property thoroughly; follow a room-by-room checklist
- Perform small repairs or document defects with photos
- Complete the handover protocol together, attach photos and exchange copies
- Hand over keys, note meter readings and get a written confirmation of receipt
Help and Support / Resources
- Hotline tenant law (general court information)
- ZPO forms (claim form and guidance)
- Gesetze im Internet (BGB §§ 535–580a)