Handover Protocol: Tenant Errors in Germany

As a tenant in Germany, you must proceed carefully when creating a handover protocol so that no claims are lost at move-in or move-out. This practical, easy-to-understand guide shows common mistakes — from vague descriptions to missing photos to unclear signatures — and how to avoid them. I explain which details must be included in the protocol, how to securely document evidence, and which deadlines matter. You will also find templates, guidance on official forms, and concrete steps for disputes before the local court. In the end, you will know how to protect your deposit and resolve later discussions with the landlord calmly and with legal certainty.

What is a handover protocol?

A handover protocol records condition, meter readings, existing defects and agreed particulars at move-in or move-out. It serves as evidence for later claims and is based on tenancy obligations in the BGB.^[1]

What belongs in a handover protocol?

The key points must be clearly described and evidenced. Pay attention to completeness:

• Photos (photo) of damages and evidence material.
• Meter readings and measured values (record) noted.
• Date, place and signatures on the protocol (form) recorded.
• Date and time (time) of the handover recorded.
• Deposit amount (deposit) and agreements on repayment documented.
• Agreements on move-out / move-out, key handover and deadlines noted.

Common mistakes when creating

• Unclear wording in the protocol (form) instead of concrete descriptions.
• No photos (photo) or poor lighting that does not show damages.
• Missing evidence of prior defects, e.g., emails or repair orders (document).
• Failure to meet deadlines (time) for repairs or reporting defects.
• Key handover without written confirmation at move-out.

What to do in case of a dispute with the landlord?

If the landlord insists on claims or refuses the deposit refund, document everything and check deadlines for asserting claims. Many tenancy disputes are dealt with by the local court; find out about the jurisdiction of your local court and procedural rules.^[3] For formal letters use model forms, e.g., termination or defect notices, provided by the Federal Ministry of Justice.^[2]

FAQ

Do I have to create a handover protocol when moving out?

No, there is no legal obligation, but a document protects both sides and is often decisive in disputes.

Are photos alone sufficient as evidence?

Photos are important, but should be combined with descriptions, dates and possibly witnesses to be admissible in court.

How long should I keep protocols and photos?

Keep handover protocols, photos and relevant messages at least until the deposit settlement and, in case of dispute, until final clarification.

How-To

1. Prepare: State date, address, names of parties and bring a pen, camera and flashlight.
2. Walkthrough: Check each room systematically and note damages and defects.
3. Photograph: Take clear photos (photo) with a scale or reference object.
4. Agree: Discuss wording with the landlord and have the protocol signed (form).
5. Store: Secure copies and digital files and observe deadlines for complaints.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Federal Ministry of Justice and Consumer Protection (BMJV)
• Justice Portal — Information about courts

1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Bundesministerium der Justiz und für Verbraucherschutz — BMJV
3. [3] Justizportal — Information about courts