Create Handover Protocol for Tenants in Germany
A carefully prepared handover protocol protects tenants at move-in and move-out in Germany. It records meter readings, damages, key handover and deposit agreements and helps avoid later disputes. As a tenant you should proceed systematically: agree appointments, photograph rooms, describe defects precisely and have all parties sign. This practical guide explains step by step which details are essential, which official forms are relevant and how to safely document deadlines and evidence. The tips are explained in plain language and aimed at tenants without legal background. At the end you will find a short guide to creating a protocol, frequently asked questions and official sources for legal texts and sample forms. Read on for concrete templates and examples.
What belongs in the handover protocol?
- Date and time of handover (calendar)
- Names and contact details of tenant and landlord (contact)
- Meter readings (electricity, gas, water) recorded exactly (record)
- Damages and visible defects described in detail (repair)
- Photos attached and numbered as evidence (record)
- Signatures of tenant and landlord on the protocol (approved)
- Key handover with count and key type noted (return keys)
- Deposit amount, agreements on settlement and repayment (deposit)
Keep all photos and meter readings stored securely.
Forms, deadlines and legal framework
Important legal foundations on tenancy and duties of landlord and tenant can be found in the German Civil Code (BGB) for tenancy law (§§ 535–580a).[1] If a court procedure occurs, the rules of the Code of Civil Procedure (ZPO) apply.[2]
Which forms are helpful?
- Termination letter (sample): template for timely terminations; use official samples as guidance (form)
- Handover protocol template: a structured list with meter readings, defects and signatures (form)
- Copies of evidence: photos, invoices for repairs or corrections as proof (record)
Respond to defect notices or deadlines in time.
Evidence preservation and documentation
Document everything systematically: describe damages objectively, take wide-angle and detail photos, and note exact meter readings. Secure digital files with dates and file names so evidence is easy to find later.
Detailed documentation increases your chances of success in disputes.
How-To
- Agree appointment with landlord and record place/time in writing (calendar)
- Walk through rooms together, note all defects and photograph them (record)
- Read and record meter readings and note them in the protocol (record)
- Fill out the protocol, have all parties sign and number pages (form)
- Send a copy to the landlord and keep your copy and photos (contact)
Frequently Asked Questions
- Do I have to sign the handover protocol?
- No, a signature confirms the contents of the protocol but does not waive rights for damages discovered later if they were documented.
- Can the landlord claim defects afterwards?
- The landlord can claim defects, but careful documentation with photos and meter readings helps refute unjustified claims.
- Where can I turn in case of dispute?
- For legal disputes, local courts (Amtsgerichte) are competent in the first instance; procedural rules follow the ZPO. For sample forms refer to official authorities.[3]
