Handover Protocol: Fixture Removal for Tenants in Germany

As a tenant in Germany, it is important to carefully document the removal of fixtures in the handover protocol. A clear, dated and verifiable description of alterations, damages and completed work protects your rights during the handover and in possible later disputes. This guide shows which details, evidence types and deadlines are relevant, how to use photos and witnesses, and which courts and statutory sections are typically competent. Use the practical checklist and the step-by-step instructions to make the removal traceable and to substantiate your claims accurately.

Why precise documentation matters

A precise handover protocol makes the condition of the apartment at move-out verifiable and can prevent disputes about restoration costs or damages. Without documentation, statements are often mere assertions; with photos, dates and signatures you create robust evidence. In legal disputes, the local court (Amtsgericht) often decides on claims, and the burden of proof can work against you without clear documentation.^[1]

What belongs in the handover protocol

• Photos (photo) with date and timestamp of all relevant areas
• Description of condition and existing damages (repair)
• List of removed fixtures and who performed the work (document)
• Date of work and deadlines for possible corrections (deadline)
• Return of keys and signatures from tenant and landlord

Photos and timestamps

Photos are often the strongest evidence: capture wide-angle and detail shots, photograph measurement points and keep the original files with timestamps. Also note which device or app produced the photos and store a copy in the cloud or on external storage.

Witnesses and signatures

If possible, ask a neutral person to witness the handover or have the landlord or property manager sign the protocol. Signatures from both parties with dates reduce later interpretation issues. If the landlord refuses, note this in the protocol.

Concrete wording and examples

Phrase clearly: instead of "kitchen removed" better "Fitted kitchen, consisting of countertop, base cabinets and sink, dismantled on 10/06/2025, finding: minor scratches on countertop; photos 1–6 available." Such precise details simplify assessment of restoration effort and costs.

FAQ

Who pays for the removal?

It depends on the rental agreement and arrangements; often tenant-installed fixtures must be removed by the tenant if the contract so requires. Relevant legal provisions are in §§ 535–580a BGB.^[1]

How long should I keep documentation?

Keep photos and receipts at least until the final utility and deposit settlement; in disputes it can be sensible to keep records for several years. Court proceedings can also involve deadlines.^[2]

Are there official sample forms for handover protocols?

There is not always a nationwide standard form; however, to assert claims in court you may need complaint and procedural forms from the judiciary. Information and samples can be found on the relevant justice portals.^[3]

How-To

1. Take systematic photographs of the affected areas and save files with dates.
2. Record all removed fixtures with exact descriptions and materials.
3. Set deadlines for corrections and document agreements in writing.
4. Have the protocol signed by landlord and tenant and return keys.
5. In case of dispute: submit the documents to the competent local court or seek legal advice.

Help and Support

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Federal Court of Justice (BGH) – bundesgerichtshof.de
• Justice Portal – justiz.de

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Amtsgericht / Justice Portal – justiz.de
3. [3] Federal Ministry of Justice and Consumer Protection – bmj.de