Handover Protocol with Photo Check for Tenants in Germany

A careful handover protocol helps tenants in Germany avoid later disputes about damages or utility costs. This practical guide explains step by step which details are important, how to take photos in a legally secure way and how to archive the protocol. It is aimed at tenants without legal knowledge and gives simple phrasing that proves useful in court. You will also learn which official rules and courts are responsible for tenancy disputes and which forms are typically needed. Use the checklist and example steps to secure concrete evidence at move-in and move-out and to meet deadlines.

What belongs in the handover protocol?

A complete protocol documents the condition of the flat at handover precisely. Note at least these points:

• Date and time of handover as well as address and flat number.
• Names and contact details of tenant and landlord or their representatives.
• Meter readings for electricity, gas and water.
• Detailed description of existing damages, wear and missing fixtures.
• Location and number of photos taken; short photo captions.
• Signatures of all participants and date.

Photo check: how to document correctly

Photos are often the best evidence. Pay attention to image quality, perspective and context. Photograph each defect from several angles and include a reference point (e.g. a tape measure or door frame). Save files with descriptive filenames, date and a short description.

Technical notes

• Photo date and time are important for chronology.
• Use burst mode in poor lighting conditions.
• Attach a short text file or a protocol entry to each image file.

Forms and legal notes

Important legal bases for tenancy can be found in the German Civil Code (BGB) and procedural rules; courts of first instance are the local courts, higher appeals include regional courts and the Federal Court of Justice. ^[1][2][3]

How to archive protocols and photos securely

Keep digital and physical copies separately. Save:

• A scanned PDF copy of the signed protocol.
• The original photo files with timestamps and folder structure.
• Contacts and communications (emails, SMS) as a separate backup.

How-To

1. Prepare: Check your list and bring meter reading lists and a camera.
2. Inventory: Walk room by room and note damages in the protocol.
3. Photo check: Photograph all defects with contextual shots.
4. Signatures: Have the protocol signed by all parties.
5. Send: Send a copy to the landlord and keep proof of receipt.
6. Archive: Keep digital and physical backups for at least three years.

FAQ

Do I need a handover protocol for every move-in and move-out?

It is highly recommended; a protocol clarifies the condition of the flat and prevents later disputes.

Are photos sufficient as evidence?

Yes, well-documented photos together with a signed protocol are strong evidence.

What if the landlord refuses to sign?

Note the refusal in the protocol, have a witness sign and send a copy by registered mail.

Key takeaways

• A detailed protocol with photos reduces the risk of subsequent claims.
• Signatures and dates are central to evidentiary value.

Help and Support

• Gesetze im Internet: BGB (Mietrecht)
• Gesetze im Internet: ZPO (Civil Procedure)
• Federal Court of Justice (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de