Handover Protocol Tenants Germany 2025
A proper handover protocol protects tenants in Germany from later disputes about damages, security deposit or utility billing. In this guide I explain which points a more secure protocol should include: condition of the apartment, meter readings, photos, signatures and deadlines. I also describe which official forms and records are useful, how to securely record photos and dates, and which rights arise from the BGB. The instructions are practical for move-in and move-out 2025 and aimed at tenants without legal background. At the end you will find sample phrases, notes for filing at the local court and links to official forms. Read the step-by-step guide, the checklist and the FAQ to prevent later costs and court proceedings.
Why a handover protocol is important
A written, dated and signed handover protocol serves tenants as evidence if there is later dispute about damages, repairs or return of the deposit. It documents condition, meter readings and already existing defects and is a basis for claims under the rules of the BGB.[1]
What belongs in the protocol
- Document the condition of the apartment: walls, floors, windows and visible defects.
- Take photos and videos with date and time and label them.
- Record meter readings: electricity, gas, water and meter numbers.
- Describe damages and repair needs and, if possible, indicate priority.
- Enter signatures of tenant and landlord as well as full names, date and place.
- Document key handover: number and identification of handed-over keys.
Official forms
For many follow-up cases (e.g. termination, payment order or lawsuit) there are official forms and information pages. Relevant sources are the Bürgerliches Gesetzbuch (BGB) for tenancy rights, the Zivilprozessordnung (ZPO) for court procedures and the federal forms and service portal for official templates. The legal texts help to understand applicable deadlines and obligations; the procedural pages explain how to file applications.[1] ZPO: Code of Civil Procedure[2] Federal Forms and Service Portal[3]
FAQ
- Who should sign the handover protocol?
- Ideally both tenant and landlord or their representatives sign the protocol. This makes the record of condition more binding for both parties.
- What can I do if the landlord refuses to sign?
- Document the condition thoroughly with photos and witnesses and then send the protocol by registered mail or email with delivery/read receipt. Note the date and time of the handover and keep all evidence.
- How long should I keep documents?
- Keep the protocol, photos and invoices until the deposit issue is resolved or at least six months after handover, longer in case of disputes.
How-To
- Prepare: have the form, pen, smartphone for photos and a flashlight ready.
- Walkthrough: systematically describe condition room by room and take photos.
- Record date and time, read meter values and enter them in the protocol.
- Obtain signatures and note key handover with counts.
- In case of dispute: contact the responsible local court or use official forms and guidance (see Help).
Help and Support / Resources
- [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
- [2] Zivilprozessordnung (ZPO)
- [3] Federal Forms and Service Portal
