Agreeing Inventory Lists for Tenants in Germany
When moving in and out, an accurate inventory list is central for tenants in Germany. It helps document the condition of the apartment, avoid disputes about repairs and deposit deductions, and secure your rights against the landlord. This guide explains in clear steps which details belong in a handover protocol, how to photographically record defects and which deadlines you must observe. We also name relevant legal provisions and typical template forms so that you are prepared for necessary letters or if a court clarification becomes necessary. The language remains clear; the goal is for you as a tenant to act confidently and with legal certainty. We also show how to organize evidence and which steps are common in disputes before the local court.
Why an inventory list is important
An inventory list (handover protocol) documents the condition of the rooms, furniture and fittings at move-in and move-out. For tenants, the protocol is important because it serves as evidence in disputes over deposit deductions or repair claims. Landlords are responsible under tenancy law for maintenance and handover in a contractually agreed condition [1].
Preparation: What belongs in the handover protocol
- Date and time of the handover appointment
- Room description and condition (walls, floors, windows)
- List of taken-over furniture and keys
- Documentation of existing defects with location details
- Photo evidence of damages and meter readings
It is practical to take dated photos of all defects in addition to written notes and save the photos with a short description. Store files organized by room and date on your smartphone or PC.
At move-in: short checklist
- Walk through the rooms together and count all keys
- Name defects and record them in the protocol
- Have the protocol signed by both parties
If the landlord refuses the protocol, create your own dated copy, sign it, and send a copy to the landlord by e-mail or registered mail.
Tips for disputes or missing signatures
If no agreement is reached, photos, message histories and witnesses can help. For court proceedings, the local court (Amtsgericht) is generally responsible; tenancy disputes including eviction or rent reduction are heard there [2]. Before filing a lawsuit, check deadlines and formal requirements carefully.
Forms and templates (overview)
There is no nationwide mandatory form, but typical templates include:
- Handover protocol (own checklist as a template)
- Defect notice to the landlord (written complaint)
- Termination letter (example from the Federal Ministry of Justice)
Find concrete templates and guidance on terminations and deadlines on official sites and in the legal texts; use templates only as orientation and adapt them to your case [3].
FAQ
- Who signs the handover protocol?
- Usually tenant and landlord or their representatives sign the protocol together. If the landlord's signature is missing, keep your own dated copy.
- Can the landlord assert defects later?
- Yes, if defects become visible only later. Well-documented handover protocols and photos reduce the risk of subsequent claims.
- How long should I keep records?
- Keep protocols, photos and receipts at least as long as the deposit period or until a legal dispute is finally resolved.
How-To
- Arrange an appointment and allow enough time for the inspection.
- Systematically inspect rooms and record defects in writing.
- Photograph all damages and name files with date and room.
- Fill out the handover protocol, have it signed by both parties or make your own copy.
- If unclear, inform the landlord in writing and set deadlines.
- In ongoing disputes, consider advice and possibly proceedings before the local court.
