Handover Protocol for Remote Move: Tenants in Germany

Tenants who hand over their flat during a remote move often ask: How should I behave regarding the handover protocol, what rights do I have and how do I enforce claims? This article explains in clear, practical English how you as a tenant in Germany can request a handover protocol, document defects and observe deadlines. You will learn which official forms and legal bases are relevant, how to secure evidence and when the route to the local court may become necessary. Examples show wording for letters to the landlord and concrete steps to enforce compensation or the return of the deposit. The aim is to give you confidence and avoid common mistakes in remote moves.

What is a handover protocol?

A handover protocol is a written document recording condition, defects, meter readings and handed-over keys during the apartment handover. For tenants a carefully kept protocol is important because it can serve as evidence against the landlord or in court^[1].

Why it is especially important for remote moves

Remote movers often lack quick personal coordination. Documentation by photo and a detailed protocol protects against later claims. Note date, time and participants of the handover as well as all relevant meter readings.

What belongs in the handover protocol?

• Date and exact time of the handover.
• Photos of damages, condition of floors, walls and fittings as evidence.
• Exact meter readings for electricity, water and gas.
• List of handed-over keys and existing documents such as manuals.
• Signatures of all present persons with name and contact.

How do you enforce a missing or defective protocol?

If the landlord does not create a protocol or entries are disputable, you should immediately object in writing, make your own photo documentation and ask the landlord to supplement or sign. Name deadlines in writing and send the letter preferably by registered mail or verifiable email.

If the landlord is uncooperative, you can examine claims for compensation, rent reduction or return of the deposit and, if necessary, assert them in court. Rules of the BGB (e.g. §§ 535–580a) and procedural rules of the ZPO apply; in serious cases the local court decides, appeals go to the regional court and ultimately to the BGH^[1][2].

Practical steps before court enforcement

• Step 1: Request a complete handover protocol in writing and set a deadline.
• Step 2: Collect photos, videos and witness statements as evidence.
• Step 3: Contact local advisory services or the legal application office of the local court for procedural advice.
• Step 4: If necessary, file a claim at the competent local court.

FAQ

What if the landlord refuses to sign the protocol?

Create your own protocol with photos, witnesses and send it by registered mail; document the handover and the landlord's response.

Can I claim the deposit back without a protocol?

Yes, but proof is harder; use photos, witnesses and prior messages as evidence.

When should I go to court?

If out-of-court agreements fail and financial claims remain, filing a claim at the local court may be necessary.

How-To

1. Request the handover protocol in writing and set a clear deadline.
2. Document all defects with timestamped photos and descriptions.
3. Send a documented request to the landlord for correction or statement by registered mail.
4. If no agreement is reached, seek advice and file a claim at the local court.

Help and Support / Resources

• Gesetze im Internet – Federal Ministry of Justice and Consumer Protection
• Federal Court of Justice (BGH)
• Federal Ministry of Justice and Consumer Protection

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB), §535 ff.
2. [2] Bundesgerichtshof (BGH) – Decisions on tenancy law
3. [3] Federal Ministry of Justice and Consumer Protection – Forms and information