Ensure Clean Handover for Tenants in Germany

Many tenants in Germany face the task of organizing a clean handover of their apartment. This guide explains in plain language which steps are important before, during, and after the handover, what rights and obligations arise from tenancy law, and how to best protect your deposit. You will receive a practical checklist, advice on the handover protocol, examples of forms, and a simple guide on how to document photos, evidence, and appointments. The goal is to avoid disputes with the landlord and to respond to possible claims objectively so that you can hand over the apartment in an orderly manner and preserve your claims.

What does "besenrein" mean?

"Besenrein" generally means that the apartment is roughly cleaned: no coarse dirt, no accumulated garbage, and the floors swept. It does not necessarily include professional carpet cleaning or removal of stains that go beyond normal wear and tear. Legal bases for the duties of landlord and tenant are found in the German Civil Code (BGB) §§ 535–580a.^[1]

Preparation: Handover Checklist

• Take photos of all rooms and defects and note the date.
• Collect invoices and receipts for repairs.
• Read and document final meter readings for electricity, water and gas.
• Thoroughly clean the apartment or hire a cleaning service if agreed.
• Gather all keys and arrange a handover appointment with the landlord.
• Prepare a handover protocol or bring a standard form for signatures.

The Handover Protocol: What to Include

A detailed handover protocol protects both parties. Note defects, meter readings, the number of keys handed over and the exact condition of floors, walls and fixtures. Mutual signatures and dates are important. If the landlord refuses to sign, prepare the protocol anyway and have it confirmed by a witness or send it to the landlord by registered mail.

Rights, Obligations and Relevant Forms

As a tenant you have obligations to return the property in accordance with the contract and rights against unjustified claims. Important legal bases are regulated in the BGB.^[1] For terminations or formal declarations many tenants use a sample termination letter (Kündigungsschreiben Muster of the Federal Ministry of Justice) as a template.^[2] In court disputes the local court (Amtsgericht) is competent; important precedents come from the Federal Court of Justice (BGH).^[3]

FAQ

What exactly counts as a clean handover?

General cleaning like sweeping, removing trash and eliminating coarse dirt; deep stains or excessive wear need only be addressed by agreement.

Can the landlord withhold the deposit because of alleged dirt?

Only if the landlord proves damage or excessive wear. Good documentation at handover reduces this risk.

What if the landlord refuses to sign the handover protocol?

Prepare the protocol anyway, have it confirmed by witnesses or send it by registered mail to the landlord.

How-To

1. Create two copies of the handover protocol and print photos.
2. Read all meter values and note them in the protocol.
3. Perform a thorough final cleaning or hire a cleaning service.
4. Arrange a joint inspection appointment with the landlord and present the protocol.
5. Sign the protocol only if the condition is correctly described; note conflicting points.
6. Hand over the keys in person and document the time and place in the protocol.

Help and Support / Resources

• German Civil Code (BGB) – Gesetze im Internet
• Federal Ministry of Justice (BMJ)
• Federal Court of Justice (BGH)

1. [1] BGB §535 ff. – Duties of tenant and landlord
2. [2] Sample termination letter (Kündigungsschreiben) of the Federal Ministry of Justice
3. [3] Federal Court of Justice – Decisions on tenancy law