Key Handover in Germany: Deadlines for Tenants
As a tenant in Germany, keys, access and the related deadlines are often part of everyday obligations and rights. This guide explains in plain language which documents you should prepare when moving in and out, which deadlines you must observe, and how to avoid common problems with the landlord or the courts. We cover handover protocols, documentation of defects, the correct return of keys and the statutory basis in the BGB and relevant procedural guidance. You will receive practical examples of when a form is necessary and how a correct handover protocol can look. The aim is to give you clear action steps so that you can safely meet deadlines, use forms correctly and be well documented in the event of a dispute. The advice applies to tenants across Germany.
What you should document
When handing over keys and access, document everything in writing with the date. A complete handover protocol reduces later disputes.
- Handover protocol with date, time and signatures of both parties
- List and number of keys handed over
- Photos of the apartment condition and any visible defects
- Meter readings (electricity, gas, water) recorded in the protocol
Important deadlines
Deadlines are crucial: missing them can lead to disadvantages such as claims or court action. Note deadlines in your calendar immediately.
- Key return on move-out: usually on the last day of tenancy or as agreed
- Report defects: notify damages promptly, ideally within 14 days, in writing
- Deadline for landlord repairs: depends on the defect; setting a written deadline is advisable
Forms and official templates
There is no uniform nationwide mandatory form for a handover protocol, but templates and wordings make documentation easier. For termination or official letters, template forms can help.
- Termination letter (template): use a written, signed notice and document the key handover
- Handover protocol (template): date, meter readings, key counts, visible damages and signatures
- Written defect notice: describe the defect, date and desired deadline for remediation
What to do in case of dispute or missing return
If keys are not returned or there is a dispute about damages, document everything and consult the statutory obligations ([1]). Often the first step is a formal letter with a deadline.
- Local court (Amtsgericht): tenancy disputes first instance, e.g., recovery claims or eviction suits
- Higher courts (Landgericht/BGH): appellate instances for appeals or precedent cases
- Legal advice: seek legal help before missing deadlines
Frequently Asked Questions
- Can the landlord enter the flat without notice to fetch keys?
- No. The landlord usually needs prior notice and a legitimate reason; if necessary, set a written deadline to clarify the matter.
- Must I return all keys when moving out?
- Yes, you must return the full number of keys or provide replacement if keys were lost; document the return in the protocol.
- What happens if I miss a deadline?
- Missed deadlines can lead to legal disadvantages, such as loss of reduction rights or cost claims; act quickly and in writing.
How-To
- Preparation: have a handover protocol ready and check meter readings.
- Documentation: take photos of defects, note time, date and number of keys.
- Handover: have both parties sign the protocol and provide a copy.
- Storage: keep protocols and receipts for at least three years.
Key Takeaways
- Thorough documentation protects you from later claims.
- Note deadlines immediately and confirm them in writing.
- A complete handover protocol is your most important evidence.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
- Zivilprozessordnung (ZPO) - Gesetze im Internet
- Bundesgerichtshof (BGH)
