Handover Protocol: Tenant Tips in Germany

A careful handover protocol protects tenants during move-in and move-out—especially for long-distance moves. This practical guide explains how you as a tenant in Germany document defects and meter readings clearly, use powers of attorney for representative handovers, and meet deadlines. We show which formulations in protocols matter, how photos and timestamps serve as evidence, and when a formal complaint or legal clarification is necessary. The concise checklist helps students and other long-distance movers avoid common mistakes and enforce their rights under §§ 535–580a BGB practically.^[1]

Why a handover protocol matters

A handover protocol creates clarity about the apartment’s condition and reduces disputes over the security deposit. Note all visible defects, meter readings and the condition of floors, walls, sanitary facilities and heating. Add date and time and sign the document or have the authorized person sign. Keep a copy in multiple locations (email, cloud, physical).

Preparation: Checklist before handover

• Take photos and short videos of all rooms, defects and meter readings.
• Record meter readings in writing and date them.
• Document key handover: quantity, proof of possession and signatures.
• Describe damages and necessary repairs clearly; attach cost estimates if possible.
• Prepare a written power of attorney for representative handover and sign it.

Enforcing the handover during a long-distance move

If you cannot be present, prepare a written power of attorney, name a trusted person as representative and agree on a fixed appointment. Send the protocol to the landlord in advance by email and request confirmation. Arrange for the representative to sign the protocol and for you to receive a signed copy by photo or scan.

1. Draft a power of attorney: include name, period, exact powers and signature.
2. Confirm the handover appointment in writing and set a deadline for returning documents.
3. Have the protocol signed on site by the representative and receive a digital copy immediately.
4. If problems occur, follow up in writing and set deadlines; consider legal steps if necessary.

Legal steps and competent authorities

If amicable resolution fails, the local court (Amtsgericht) is usually the first instance for tenancy disputes such as deposit recovery or damages claims. Applications for eviction or lawsuits follow the rules of civil procedure.^[2][3] Before suing, collect all evidence: protocols, photos, correspondence and witness statements. In some cases, free legal advice or tenant counseling (where available) is recommended.

Frequently Asked Questions

Can a handover protocol be confirmed by phone?

No. A phone confirmation is hard to prove; request a written confirmation by email or a signed document.

What obligations does the landlord have regarding defects?

The landlord must remedy defects that impair the use of the apartment; this follows from §§ 535 ff. BGB.^[1]

What if the representative refuses to sign the protocol?

Document the behavior, create a detailed protocol yourself with witness statements and consider obtaining confirmation from third parties.

How-To

1. Create the protocol: download a template or structure your own (meters, defects, condition, signatures).
2. Take photos systematically by room and secure date/time information.
3. Fill out and sign a power of attorney and give a copy to your representative.
4. If necessary: file a claim at the competent local court; observe civil procedural deadlines.^[2]

Help and Support

• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Zivilprozessordnung (ZPO) — Gesetze im Internet
• Bundesgerichtshof (BGH) — official site

1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) — official site
4. [4] Federal Ministry of Justice — Forms and templates