Digital Signing at Move-In – Tenants in Germany

Upon move-in, landlords today often offer digital signing. Many tenants in Germany wonder whether an electronic signature is legally binding, which documents are valid digitally, and how to protect their data and cancellation rights. This guide briefly explains how electronic signatures work under German law, which official documents are relevant, when an in-person meeting may be necessary, and how to check documents safely before signing. We explain when a qualified electronic signature is required, how simple signatures may suffice, and which steps are important to retain records and, if necessary, present evidence before a local court.

What does digital signature mean at move-in?

An electronic signature confirms that a particular document was approved by a person. There are different security levels: simple electronic signature, advanced electronic signature, and qualified electronic signature. For rental agreements, often a simple or advanced signature is sufficient; in special cases a qualified signature may be required. It is important to check which signature type is specified in the document and which records you can later present.

Legal basis

German tenancy law regulates duties and rights in §§ 535–580a of the BGB ^[1]. For court disputes, the rules of the Code of Civil Procedure (ZPO) apply ^[2]. Key principles on proof and form have also been developed by the courts, notably the Federal Court of Justice ^[3]. These provisions determine when digital declarations are sufficient and how to provide evidence in disputes.

Documents and practice

Which documents matter and how to proceed in practice?

• Carefully review the rental agreement (digital or written).
• Create and store a handover protocol and photos as evidence.
• Secure deposit agreements and payment receipts digitally.
• Report repairs and defects in writing and document deadlines.

What to do before signing digitally?

Before signing digitally, read the entire document, check name details, terms, notice periods and special clauses. Pay attention to the required signature type and whether you will receive a copy or confirmation of receipt. Ask for clarification or a face-to-face meeting if anything is unclear. Save screenshots and emails as additional evidence so you can document the sequence later.

Frequently Asked Questions

Is an electronic signature on the rental agreement legally valid?

Yes, electronic signatures can be legally valid; the form of the signature determines whether it suffices for certain declarations. If in doubt, check the type of signature and keep records.

Do I need to sign in person or is digital enough?

Often a digital signature is sufficient. For complex agreements, handovers, or where a notarized signature is required, an in-person signature may be advisable.

What happens in a dispute over the signature?

You can present evidence before a local court; follow the procedural rules of the ZPO. Good documentation increases your chances in court.^[2]

How-To

1. Read the whole document carefully and mark unclear clauses.
2. Check what signature form is required (simple, advanced or qualified).
3. Save screenshots, emails and receipt confirmations as evidence.
4. If in doubt, contact the local court or seek legal advice.

Key Takeaways

• Electronic signatures are often valid, but the signature type can be decisive.
• Documenting all messages and confirmations helps in disputes.

Help and Support

• BGB §§ 535–580a: Duties of tenants and landlords
• ZPO: Rules for court proceedings
• Federal Court of Justice (BGH): rental law decisions

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1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) – bundesgerichtshof.de