Key Handover for Tenants in Germany – Template & Deadlines
When moving out, the key handover is an important step for tenants in Germany. It determines when the apartment is officially returned and what obligations toward the landlord apply. In this article we explain in plain language how to hand over the keys on time, which details must be included in a handover protocol and how a template protocol helps you avoid disputes and claims. We also describe practical deadlines, how to arrange appointments, which forms to use and how to secure evidence. The goal is to avoid legal disputes and recover the deposit with as little trouble as possible. We also show which official forms exist, how to create proof of key handover and when to involve the local court or a tenant protection office if problems arise.
What belongs to the key handover?
The key handover marks the end of your possession period and should be documented in writing. Make sure to note defects, meter readings and the number of handed-over keys. Legal foundations for the tenancy agreement and the duties of tenant and landlord are found in the German Civil Code (BGB).[1] If a return fails or disputes about damages arise, the Code of Civil Procedure (ZPO) governs court proceedings.[2] District courts (Amtsgerichte) are generally responsible for tenancy disputes; higher appeals are handled by regional courts and the Federal Court of Justice.[3]
- Arrange the appointment with the landlord in due time and observe deadlines
- Prepare a handover protocol: document condition, meter readings, number of keys
- Take photos and keep receipts as evidence
- Count all keys and have the receipt of handover confirmed in writing
- Clarify deposit matters: deductions only with documentation and proof
Forms, templates and practical examples
There is no single official template that fits all cases; however, many tenants use standardized handover protocols that list condition, meter readings and number of keys. A notice of termination must observe statutory deadlines; the relevant provisions are in the BGB (§§ 535–580a).[1] For court actions such as an eviction claim, the procedural rules of the ZPO apply.[2]
Practical example: You give notice of termination in due time and schedule a handover appointment two weeks before the lease ends. At the appointment you record all meter readings, note wear and tear in the protocol and take dated photos. State in the protocol how many keys were handed over and have the landlord sign the document.
Rights and obligations explained briefly
As a tenant you must return the apartment in the condition agreed in the contract. Minor repairs are often the tenant's responsibility; major damages can have cost consequences. In case of disputes, the district court is the first instance for tenancy disputes; the ZPO governs procedures if a claim becomes necessary.[2][3]
FAQ
- Do I have to hand over the keys in person?
- You do not necessarily have to hand over the keys in person, but it is important to have a clear confirmation of the handover by the landlord, for example in a signed protocol.
- What should be in the handover protocol?
- Date, time, condition of the rooms, meter readings, number of handed-over keys and signatures of both parties should be included in the protocol.
- What happens if I return the keys late?
- If the return is late, the landlord may claim rent until the actual return; therefore document all contacts and agreements.
How-To
- Arrange a handover appointment with the landlord in good time
- Prepare a handover protocol and complete it at the appointment
- Photograph relevant defects and note meter readings
- Have the protocol signed by both parties and hand over the keys
- Keep copies of all documents and request a receipt of handover
Key Takeaways
- Documentation protects you from unjustified claims.
- Early scheduling reduces the risk of delays.
- A signed handover protocol is valuable evidence.
Help and Support / Resources
- BGB - German Civil Code (gesetze-im-internet.de)
- ZPO - Code of Civil Procedure (gesetze-im-internet.de)
- Federal Court of Justice – Information and decisions (bundesgerichtshof.de)
