Handover Protocol for Tenants in Germany

As a tenant in Germany, a careful handover protocol when moving in and moving out is often crucial to avoid later disputes over damages or the security deposit. This step‑by‑step guide explains which details a legally sound protocol should contain, how to document defects and repair needs, which deadlines apply and which official forms or templates you can use. It also describes how to enforce the protocol against the landlord, what role local courts play in rental disputes and which evidence is important in court. The language remains simple and practical so you as a tenant can assert your rights in Germany with confidence. At the end you will also find notes on which official forms to use and how to attach photos and witnesses correctly.

What belongs in the handover protocol?

Record all relevant details when moving in and out: the condition of floors, walls, windows, doors, meter readings and any existing damages. The more complete, the better for later disputes.

• Detailed room list with date and time.
• Photos of every defect and each room as attachments.
• Record meter readings for electricity, water and heating.
• Signatures of all attendees plus names and contact details.
• Note whether keys were handed over and how many.

Practical tips for creating the protocol

Prepare a checklist you use at every appointment. Use your smartphone for clear photos, note defects immediately and ask the landlord to countersign. If the landlord does not show, send the protocol by registered mail or otherwise document delivery.

• Use a template to avoid missing items.
• Bring a witness or neutral person if possible.
• If signature is refused, document delivery (registered mail, witness).
• Make copies and prepare a file for the security deposit.

Enforcing rights: if the landlord does not cooperate

If the landlord refuses to countersign or acknowledge defects, keep all records and photos and note times. If necessary, submit a formal defect notice and set a reasonable deadline for repair. Legal foundations for rental contracts and landlord duties can be found in the BGB^[1], and procedural steps before court are governed by the ZPO^[2]. If disputes cannot be resolved, local courts (Amtsgerichte) often decide in the first instance^[4].

Official forms and templates

For registration when moving in, the landlord's confirmation is important; keep it together with the handover protocol. There are templates for tenant termination letters that you can use; in disputes send them in a manner that creates proof of delivery and consider legal advice. Official law texts and guidance are provided by federal ministries and legal portals.^[3]

FAQ

What is a handover protocol?

A written document that records condition, defects and meter readings when moving in or out.

Does the landlord have to sign the protocol?

No, but a countersignature strengthens evidential value. If a signature is not possible, document how you delivered the protocol.

How long should I keep protocols and photos?

Keep documents until the final settlement of the deposit or until possible compensation claims expire, typically 3 years.

How-To

1. Preparation: have the lease ready and arrange the handover appointment.
2. Room-by-room: inspect each room systematically and note defects.
3. Photos: take overview and detail photos with dates.
4. Signatures: obtain signatures from all attendees on the protocol.
5. Make copies and digital backups for the deposit settlement.

Help and Support

• Bürgerliches Gesetzbuch (BGB) – Legal text
• Zivilprozessordnung (ZPO) – Legal text
• BMI: Information on landlord confirmation

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Bundesministerium des Innern: Wohnungsgeberbestätigung
4. [4] Justizportal: Information on courts (Amtsgerichte)