Avoid inventory-list mistakes - Tenants in Germany

When doing a long-distance move, carefully agreeing the inventory list is crucial for tenants in Germany. An incorrect or incomplete inventory list can later lead to disputes about damages, deductions from the security deposit, or even legal conflicts. This article clearly explains common mistakes tenants should avoid, how to create handover protocols and photos professionally, and which deadlines and legal bases must be observed. Practical checklists, clear action steps for the handover, and guidance on which forms and courts are responsible in Germany help you protect your rights and avoid unnecessary costs.^[1]

What tenants should watch for in the inventory list

For a long-distance move it is especially important to proceed systematically: document meter readings, damages and existing furniture accurately and address open points immediately with the landlord or property manager.

• Take and secure photos of every room and damage.
• Describe condition and existing items precisely in the handover protocol.
• Note and comply with deadlines for repairs or objections.
• Clearly document the security deposit status and possible deductions.
• Record key handover and access arrangements in the protocol.

Common mistakes and how to avoid them

1. Incomplete documentation

Many tenants rely on verbal agreements or take only a few photos. Instead, document systematically: every room, meter readings, damages and the function of appliances. Create dated photos and store them in multiple places.

2. Protocol without signature

A handover protocol is only meaningful if both parties sign. If the landlord or their representative refuses to sign, note that and have witnesses sign or send a prompt confirmation by email.

3. Missing deadlines

There are deadlines to respond to objections or defects. Missing them can lead to loss of rights or make evidence issues more difficult later.

Practical checklist for the handover

• Complete the protocol: condition, meter readings, key count.
• Take timestamped photos of every room.
• Collect all receipts and handwritten notes as attachments.
• Conduct the handover together and document agreements.

Relevant forms and legal notes

Key legal bases are found in the Bürgerliches Gesetzbuch (BGB) on tenancy and landlord/tenant duties and in the Zivilprozessordnung (ZPO) for court procedures. If issues arise with the return or deposit accounting, the Amtsgericht (local court) is competent; for complex legal questions the Federal Court of Justice provides precedent.^[1][2][3]

Common forms and templates tenants use:

• Termination letter template for rental contracts: use a dated termination letter, send it by registered mail or deliver it personally with acknowledgment of receipt.
• Handover protocol (self-made or template): document condition and meter readings and have both parties sign.
• Written request for defect rectification: set a deadline and keep proof.

FAQ

What is an inventory list and why is it important?

The inventory list documents the condition and existing items in the apartment; it serves as evidence at return and regulates possible deductions from the deposit.

What if the landlord does not sign the protocol?

Document the refusal in writing, take photos and send confirmation by email or registered mail; involve witnesses if necessary.

Who can I contact if there is a dispute?

Legal disputes are handled by the local court and possibly the regional court; BGH decisions may be relevant for fundamental legal questions.

How-To

1. Preparation: Create a checklist for rooms, furniture and meter readings.
2. Photo documentation: Systematically photograph every room and all damages.
3. Fill in the protocol: Note condition, meter readings, key count and signature fields.
4. Joint inspection: Go through the list with the landlord and resolve discrepancies immediately.
5. Set deadlines: If repairs are needed, set written deadlines and confirm them.
6. Keep records: Keep all receipts, photos and correspondence for at least the statutory limitation period.

Help and Support

• Gesetze im Internet: BGB, ZPO and other statutes
• Federal Ministry of Justice (information and templates)
• Federal Court of Justice (BGH) – case law on tenancy

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a
2. [2] Zivilprozessordnung (ZPO) – rules for court procedures
3. [3] Federal Court of Justice (BGH) – jurisprudence and decisions