Inventory Checklist Weekend: Tenants in Germany
What is an inventory checklist?
An inventory checklist (move-in or move-out protocol) documents the condition and existing furniture in the apartment. It describes damage, functional defects and normal wear and tear. For tenants, the protocol is important for clarifying later claims by the landlord and protecting the deposit. The legal basis is the tenancy law provisions of the BGB.[1]
Before the handover: checklist for tenants
- Take photos of each room and damaged areas and date them.
- Record defective appliances, heating and sanitary problems and report them if necessary.
- Count and label all keys; note missing keys.
- Have a template ready and fill it out room by room.
- Record the time and date of the handover and arrange an appointment with the landlord.
During the walkthrough, note any irregularities immediately in the protocol and, if possible, document them together with the landlord. Agree on clear wording: "visible scratch on parquet" is better than vague descriptions. If necessary, have witnesses or neighbours sign.
In case of dispute or uncertainty
If landlord and tenant cannot agree, the local court (Amtsgericht) is responsible for tenancy matters; the procedure follows the rules of the ZPO.[2] Many cases are decided by written evidence, dated photos and witness statements. For fundamental legal questions or important damage issues, you can consult specialised authorities or look to the case law of the Federal Court of Justice.[3]
Avoid common mistakes
- Accepting unsigned protocols without explanation.
- Saving photos unsorted instead of naming and dating them clearly.
- Overlooking important forms or deadlines.
Frequently Asked Questions
- Who signs the inventory checklist?
- Both tenant and landlord should sign the protocol; if possible with date and time.
- What should I do about missing or damaged furniture?
- Document all defects with photos, note details in the protocol and send a written defect notice to the landlord.
- How long can the landlord withhold the deposit?
- The deposit can be withheld until possible claims are determined; practices and deadlines vary, check cases individually and secure evidence.
How-To
- Take photos and documents: photograph room by room and date the files.
- Fill out the template: complete the inventory checklist room by room with precise descriptions.
- Mark damage: record repair needs and note cost estimates.
- Compare and sign: review the protocol together and have both parties sign.
- Send a copy: send the signed copy dated to the landlord and document receipt.
Key notes
Forms and templates: For time-bound letters (e.g. defect notices or terminations) use official templates or clear formal letters; in lawsuits the local court provides the necessary forms according to ZPO rules.[2]
Help and Support / Resources
- Tenant hotline: information at the Federal Ministry of Justice
- Laws (BGB) – Gesetze im Internet
- BGH decisions – Federal Court of Justice