Enforce Handover Protocol: Tenants in Germany
A handover protocol protects tenants at move-in and move-out: it documents condition, meter readings and damages and is often decisive in deposit disputes or repair costs in Germany. As a tenant you should know which details belong in the protocol, which deadlines apply and how to enforce missing entries later. This guide explains step by step how to document defects, secure photos and receipts, use typical wording and which laws and courts are responsible. Practical checklists, tips for communicating with the landlord and sample notes for next steps help you protect your rights and avoid unnecessary costs. The sequence of steps is easy to follow even without legal knowledge. We link official legal texts and show which forms you need.
What belongs in the handover protocol?
During the handover you should record all relevant points in writing: visible damages, function checks of heating and electrical systems, meter readings and the exact condition of floors, doors and windows. Note meter readings for rented vehicles or special renovation agreements, and have the protocol signed by both parties.
- Describe condition precisely: location, room, size and exact defect description.
- Take photos and videos with date and time and store them separately.
- Document deposit issues and possible deductions and record terms like "deductible" exactly.
- Note repair needs: who is responsible for fixing and which deadlines apply.
- Record deadlines: return and inspection times and dates for remedial work (deadlines).
- Forms and signatures: date, names, addresses and signatures of both parties.
Legal basis, deadlines and competent authorities
Important legal foundations are found in the German Civil Code (BGB) and the Code of Civil Procedure (ZPO). In disputes about defects, rent reduction or deposit deductions, the local court (Amtsgericht) is usually competent; higher courts are the regional court (Landgericht) and the Federal Court of Justice (BGH).[1][2][3]
If entries are missing or the protocol is incomplete: respond promptly and factually, document everything and note deadlines. Send the landlord a written reminder by registered mail or by email with read receipt and attach copies of the photos.
Practical printable checklist
- Room-by-room overview: document walls, floors, ceilings, windows and doors.
- Note meter readings (electricity, gas, water) and photograph them.
- Categorize defects: immediately repairable vs. long-term issues.
- Obtain signatures and contact details of both parties.
FAQ
- Can I add missing entries afterwards?
- Yes, additional evidence such as photos, witness statements or emails can help; however, the most effective measure is to request a written supplement from the landlord as early as possible.
- Who decides when entries in the protocol contradict each other?
- In case of dispute the local court may decide; proof by photos, invoices and witnesses is then central.
- Do I need a sample form for termination or eviction?
- For termination letters and later lawsuits you should use official form concepts and observe deadlines; eviction cases follow civil procedure rules.
How-To
- Preparation: print checklist, prepare smartphone for photos and review the contract.
- Inspection: check each room systematically, describe defects and take photographs.
- Complete the protocol: record date, meter readings and signatures of both parties.
- Send documents: email protocol and photos and additionally send by registered mail to the landlord.
- In case of dispute: observe deadlines and consider legal steps at the local court.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) §535 — gesetze-im-internet.de
- Bundesgerichtshof (BGH) — bundesgerichtshof.de
- Zivilprozessordnung (ZPO) — gesetze-im-internet.de
