Key Handover: Avoid Tenant Mistakes in Germany

As a tenant in Germany, returning the apartment keys when moving out can lead to simple mistakes that later cause costs or disputes. Clear organization, a photo check of the rooms and a signed handover protocol help prevent claims and create evidence. This guide is aimed at tenants and explains in plain language which steps are important before, during and after the key handover: which forms are useful, which deadlines to observe and how to store photos and documents securely. Read on for practical checklists, sample steps for key handover and advice on dealing with landlord communication and courts in Germany.

Why mistakes happen during key handover

Many conflicts arise from missing evidence: no photos, no signed handover protocol or unclear agreements on the number of keys. Late return or poor communication also increases the risk of subsequent claims. If defects are only discovered later, it becomes testimony versus testimony — and that can be costly in court. A clearly documented process reduces risk and strengthens your position vis-à-vis the landlord.

Checklist for key handover

• Take photos of every room and document the date in the filename or on the photo.
• Create a handover protocol and have it signed by the landlord/landlady.
• Read and record meter readings and photograph them (electricity, water, gas).
• Compare the number of keys and note which keys were handed over in writing.
• Agree on a return time and confirm deadlines in writing.
• If unclear, ask for a witness or have the receipt confirmed in writing.

Take photos and document correctly

For a photo check: overall shots of each room plus detail shots of any defects. Pay attention to good lighting and date-labeled files (e.g. "2025-09-01-kitchen.jpg"). Create a handover protocol file and email a copy to the landlord to obtain a receipt confirmation.

• Overview images and detail photos of damages or existing wear and tear.
• Save the protocol as a PDF and send it by email with read-receipt requested.
• If there are damages, briefly describe since when they exist and attach any previous correspondence if possible.

Forms and legal notes

Few forms are standardized nationwide; often informal letters are sufficient. Important notes:

• Lawsuit form (civil claim) – used at the local court when filing an eviction suit or payment claim; local court websites provide the relevant form.
• Written defect notice – there is no nationwide mandatory form; summarize defects clearly, date the letter and request a deadline for remedy.
• Termination letter (sample) – when ending the tenancy on time, use a dated signed letter; samples and explanations are provided on official ministry pages.

Rental law rules are contained in the German Civil Code (BGB), especially the provisions on tenancy, obligations and termination in §§ 535–580a.^[1] Court proceedings follow the Civil Procedure Code (ZPO).^[2]

FAQ

What is a handover protocol?

A written document recording the condition of the apartment, meter readings and keys handed over; it serves as evidence in later disputes.

Can the landlord retain keys?

Retention without written agreement is not common; landlords may only retain keys with legal basis or agreement.

What if the landlord makes claims?

Check the evidence, present your photos/protocols and, if necessary, contact the competent local court or an advisory service.^[2]

How-To

1. Make overview and detail photos of all rooms on the day of handover.
2. Fill out a handover protocol, note meter readings and the number of keys handed over.
3. Have the protocol signed by the landlord and hand over the keys in person or obtain a receipt confirmation.
4. Email a copy of the protocol and photos to the landlord and store the evidence securely.

Help and Support

• Bürgerliches Gesetzbuch (BGB) – §§ 535–580a
• Bundesgerichtshof – decisions and guidance
• Justizportal des Bundes und der Länder – information on courts

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Justizportal des Bundes und der Länder — justiz.de