Key Handover in Index Rent: Tenant Guide Germany

As a tenant in Germany, the key handover in an index rent contract is an important step that can later determine payment obligations or liability. Many tenants underestimate formalities, fail to document carefully, or skip evidence photos and handover reports. This guide clearly explains which documents and photos you should prepare during the handover, what a handover report should look like, and which deadlines and rights apply to tenants. It also shows how to secure evidence, which official forms may be relevant, and when it may be sensible to go to the local court or tenant advice. Read on for practical sample wordings, handover report examples, and tips for evidence photos.

What tenants should watch for during key handover

The key handover is not a mere formality: it often establishes the start and end of responsibilities for damage, meter readings and payment obligations. Therefore, record everything in writing and secure evidence on the spot.

• Create a written handover report and have it signed by both parties
• Take photos and videos of rooms, meter readings and existing damage
• Record the exact date and time of the handover
• Document meter readings for heating, water and electricity

Important points in the handover report

• Full names and addresses of tenant and landlord
• Number and condition of handed over keys
• Descriptions and photos of existing damage
• Exact meter readings with date and signatures

If the landlord refuses to sign a report, prepare the documentation yourself, have witnesses sign the documents, or send a subsequent confirmation by registered mail with return receipt.

Rights, deadlines and evidence

Tenant rights regarding transfer, damages and settlement are derived from the Civil Code (BGB); key provisions can be found in §§ 535–580a.^[1] The local court (Amtsgericht) is competent for legal actions; for higher dispute values the regional court follows, and appeals can reach the Federal Court of Justice.^[2] If you are considering legal action or might miss deadlines, the rules in the Code of Civil Procedure provide guidance on procedure and time limits.^[3]

FAQ

Do I need a handover report?

A handover report is not legally required, but it is very important as evidence of condition and meter readings at handover.

What if the landlord does not accept the keys?

Document attempts to hand over the keys, prepare a report with photos and, if necessary, send a written notice by registered mail.

When should I involve the local court?

If out-of-court solutions fail and issues like damages, repayments or eviction need resolution, filing at the local court may be necessary.

How-To

1. Preparation: Gather your rental agreement, meter readings, previous reports and communication records.
2. Create the handover report: List all rooms, damages, key counts and meter readings and obtain signatures.
3. Photos and videos: Take high-resolution images with date and, if possible, witnesses.
4. Hand over keys and document the handover time and signatures of both parties.
5. Keep records and watch deadlines: Store copies and check deadlines for objections or damage claims.

Key Takeaways

• Documentation with a report and photos is crucial for later claims.
• Signatures from both parties reduce the risk of later disputes.
• Observe deadlines and seek legal steps early if needed.

Help and Support

• Civil Code (BGB) — gesetze-im-internet.de
• Federal Court of Justice — Decisions and information
• Judicial Portal — Court forms and information

1. [1] Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Court jurisdiction (Local Court, Regional Court, BGH) — bundesjustizministerium.de
3. [3] Code of Civil Procedure (ZPO) — gesetze-im-internet.de