Documenting Key Handover: Tenant Rights in Germany

As a tenant in Germany, it is important to clearly document key handovers and landlord entries so your privacy and tenancy rights are preserved. This article explains in plain terms what steps you as a tenant should take, when you may refuse access, and how to record incidents in writing. We cover legal foundations, useful forms of evidence and practical actions so you are prepared if disputes arise later about access, damage, or termination. Read the notes on deadlines, the competent authorities and the appropriate forms so you can effectively assert your rights under §§ 535–580a BGB.^[1]

What does key management and right of access mean?

Key management describes who holds keys, who hands them over and how access rights are documented. The landlord has maintenance duties but may not enter the apartment at will. In emergencies he may act; otherwise prior notice and consent are usual. Lease clauses may contain rules; unclear terms should be clarified in writing to avoid later disputes.

When can you refuse access?

You may refuse access if the landlord appears without legal basis (for example without announcement, outside agreed times, or without an important reason). For announced appointments you may request witnesses or documentation. If access feels intrusive or unlawful, document date, time and reason for refusal.

Which evidence helps you?

• Photos and videos of the condition and handover.
• Written handover protocols with signatures.
• Witnesses with contact details who can testify if needed.
• Date and time stamps on electronic communication.

Forms and legal steps

Important legal bases are the German Civil Code (BGB) for tenancy law and the Code of Civil Procedure (ZPO) for court proceedings.^[1] For serious conflicts or eviction suits the competent Amtsgericht is the right contact; appeals go to the Landgericht and precedents to the Federal Court of Justice (BGH).^[2]

Forms tenants should know:

• Termination letter template: for extraordinary terminations or meeting notice periods.
• Written defect notice: to document damage and request repairs.
• Key handover protocol: time, date, parties and apartment condition.

FAQ

Can I immediately bar the landlord from the premises if he comes without announcement?

You may deny access and document the unauthorized entry; however, in cases of danger to persons or property the landlord may act. Seek legal advice if necessary.

How do I document a key handover properly?

Create a written handover protocol with date, time, names, number of keys and signatures; supplement with photos of the apartment condition.

Who do I contact for repeated unauthorized entries?

Record incidents, inform the landlord in writing and contact the competent Amtsgericht or a counseling center if necessary.

How-To

1. Within 24 hours: record any unauthorized entry in writing with date and time.
2. Immediately: take photos and, if possible, short videos of the apartment condition.
3. Within 7 days: send a formal defect/complaint notice to the landlord by registered mail.
4. If necessary: secure witnesses and note their contact details for later evidence.
5. If escalated: file an action at the Amtsgericht or seek legal counsel.

Key Takeaways

• Respond promptly to landlord contacts and remain factual.
• Keep all receipts and protocols well organized.
• Protect your privacy and insist on written notifications.

Help and Support

• Federal Court of Justice – jurisdictions and decisions
• Gesetze im Internet – BGB
• Federal Ministry of Justice – information and forms

1. [1] German Civil Code (BGB) – §§ 535–580a
2. [2] Code of Civil Procedure (ZPO) – procedural rules
3. [3] Federal Court of Justice (BGH) – court decisions