Key Handover for Tenants in Germany 2025
As a tenant in Germany, you often face the question at move-out of how to carry out the key handover legally and on time. This guide explains in clear steps which deadlines apply, which forms are useful, and what duties tenants and landlords have. You will learn how to create a handover protocol, which documents are important and how to record defects to avoid later disputes. I also show how to coordinate appointments, check claims for damages and which courts are responsible if there is a termination or eviction suit. Practical checklists and notes on official forms make on-site preparation easier. Read the following steps and links carefully.
What applies to the key handover?
On moving out, the BGB and procedural law govern the rights and obligations of tenant and landlord. Important regulations can be found in the BGB on tenancy relationships[1] and in civil procedure law for court disputes[2]. In many cases the local court (Amtsgericht) is responsible if an eviction suit is filed[3].
- Propose and confirm the appointment at least 14 days before moving out.
- Document written termination confirmation and the handover appointment.
- Prepare a handover protocol with meter readings, damages and the number of keys.
- Hand over all keys in person or document how they were handed over in writing.
Forms: There is no uniform mandatory form for termination, but the termination must be in writing (§ 568 BGB). A handover protocol is not an official government form but is recommended; you can create templates yourself or follow court guidance.[1]
FAQ
- Who pays for necessary repairs before handover?
- Generally the tenant is obliged to remedy damages that go beyond normal wear and tear; exact liability depends on the lease and the law.
- How do I create a legally valid handover protocol?
- Document date, time, attendees, meter readings, number of keys and visible damages, have both parties sign and make copies.
- What if the landlord refuses the handover?
- Document your attempts to arrange an appointment in writing; if necessary contact the local court or seek legal advice.
How-To
- Schedule a handover appointment with the landlord in good time.
- Prepare a handover protocol with photos and meter readings.
- Repair minor defects or document open items in the protocol.
- Hand over the keys in person and have the return confirmed in the protocol.
- Send a copy of the protocol to the landlord and keep one for your records.
