Handover Checklist for Tenants in Germany

As a tenant in Germany you should carefully keep the handover protocol at move-in and move-out. A complete protocol with date, meter readings, photos and signatures protects against later disputes and helps with claims for damages or utility costs. This practical guide explains step by step which details should be secured, how to prove defects and which deadlines apply. I explain which forms you can request at the local court, how to organize receipts and photos, and how a correct protocol functions in legal review. At the end you will find a compact checklist, a short how-to for the handover and guidance on authorities and legal bases in Germany. Use the checklist to act calmly and legally secure during apartment handovers.

Checklist for the Handover Protocol

• Note date, time and names of all attendees (time).
• Take photos of damages and meter readings (record).
• Describe defects in writing and have the landlord sign (form).
• Document deposit and meter readings, including deposit amount (rent).
• Record key handover (move-out).
• Note urgent repairs and deadlines (repair).
• Collect contact information for landlord and property management (contact).
• Record signatures of both parties, place and date (approved).

While there is no single mandatory official form, the protocol serves as evidence for rights and duties under the German Civil Code (BGB) ^[1]. Note clear descriptions, avoid vague wording and include measurements and photos where possible.

If landlord or tenant disputes arise, the handover protocol is often the first piece of evidence before the local court or in later proceedings.

FAQ

Do I need a handover protocol?

Yes. It protects tenants and landlords because date, condition and signatures are documented. The protocol makes proving damage claims easier.

What should I do if the landlord does not acknowledge defects?

Document all defects with photos and written descriptions, send a defect notice by registered mail and keep proof; if necessary, legal action can be taken under the Code of Civil Procedure (ZPO).

Where can I turn if there is a legal dispute?

In tenancy disputes the local court (Amtsgericht) has first jurisdiction; appeals can go to the regional court and the Federal Court of Justice.

How-To

1. Prepare: gather all tenancy documents, a handover protocol template, pen and camera.
2. Schedule: agree on a time and place in writing and request confirmation.
3. Photograph: systematically document rooms, meter readings and damages.
4. Complete the protocol: go through all checklist items, describe defects and note deadlines.
5. Signatures: both landlord and tenant sign, make copies and store them securely.

Key Takeaways

• Documentation with photos and meter readings protects against later claims.
• Send written defect notices and observe deadlines.
• Ensure contact details and signatures are secured for legal certainty.

Help and Support / Resources

• Information on the BGB and tenancy law is available at Gesetze im Internet.
• Decisions and guidance from the Federal Court of Justice (BGH) can be accessed here.
• Procedural law and eviction actions (ZPO) are documented on gesetze-im-internet.de.

1. [1] BGB §535 ff. – Gesetze im Internet
2. [2] ZPO – Zivilprozessordnung – Gesetze im Internet
3. [3] Bundesgerichtshof – bgh.de