Key Return for Remote Moves – Tenants in Germany
When doing a remote move tenants in Germany must plan key return early to avoid misunderstandings and liability issues. Agree with the landlord in good time whether an authorized person will handle the handover or whether you may send the keys by registered mail with return receipt. Prepare a handover protocol with date, meter readings and visible defects, take photos and keep all messages. Set deadlines for the return and name a concrete drop-off location. Use written powers of attorney with a copy of the authorized person's ID. These steps protect your deposit claims and minimize conflicts when returning the apartment. Also check deadlines in the lease and, if necessary, prepare a written handover agreement. In case of dispute the local court (Amtsgericht) is competent; documented evidence strengthens your position.
What to arrange
For a remote move three core points matter: agree in writing how and when keys are handed back, document the apartment condition with a handover protocol and provide a clear power of attorney if a third party conducts the handover. Legal bases are in the German Civil Code (BGB) regarding landlord and tenant duties.[1] Court procedures follow the Code of Civil Procedure (ZPO).[2]
- Create a written power of attorney and include a copy of the authorized person’s ID.
- Prepare a handover protocol with date, meter readings, defect notes and signatures.
- Take photos of the apartment condition and store timestamped files.
- Specify clear deadlines for return and confirm the drop-off procedure.
Power of attorney, protocol and formalities
A written power of attorney should include name, address, a clear authorization statement (for example, "handover of the apartment and keys on DD.MM.YYYY"), the tenant’s signature and a copy of the ID. The handover protocol records condition, meter readings and open defects; have the receiving person sign it. If the landlord accepts key return by post, use registered mail with return receipt or personal delivery to a documented recipient.
Keys by post? Risks and alternatives
Sending keys by mail risks loss or damage; postal delivery is often only considered complete upon proven receipt. A safer alternative is an authorized person performing the handover with a written power of attorney and a protocol. Obtain a receipt in the protocol and, if necessary, request a signature for returned keys.
Deadlines, evidence and disputes
Check lease deadlines and keep communications documented. If a dispute arises, the local court (Amtsgericht) handles tenancy disputes; documentation and evidence help the tenant's case.[3] For templates and guidance on terminations consult the Federal Ministry of Justice.[4]
Data protection and liability
Handle personal data on powers of attorney and photos carefully. Delete or destroy copies when no longer needed. In case of deposit disputes, documentation of the handover condition is crucial.
FAQ
- Who can return the keys in a remote move?
- The keys can be returned by the tenant personally, an authorized person appointed by the tenant, or in exceptional cases by the landlord; a written power of attorney is recommended.
- What must a handover protocol contain?
- Date, time, meter readings, visible defects, the condition of rooms, signatures of the handing-over and receiving persons, and photos as an attachment.
- How do I protect my deposit when handing over remotely?
- Secure receipts, photos and a signed handover protocol; set deadlines in writing and use powers of attorney for representation.
How-To
- Contact the landlord and agree the handover method in writing.
- Create a power of attorney with clear wording, signature and ID copy.
- Prepare the handover protocol, document condition and take photos.
- Confirm appointment and deadlines in writing and obtain a receipt.
- Keep receipts and copies securely until the deposit settlement is complete.
Key Takeaways
- Written powers of attorney and protocols protect tenant rights.
- Clear deadlines and receipts reduce liability risks.
- Documentation is essential for deposit and dispute matters.
Help and Support / Resources
- BGB pages for tenancy law reference
- ZPO information on court procedures
- Justice portal (local courts) for jurisdiction