Key Return at Move-Out: Tenant Rights Germany
When moving out, returning the keys is a small but often decisive step for tenants in Germany. Tenants who systematically organise deadlines, protocols and evidence reduce the risk of subsequent claims or conflicts with the landlord. This guide explains in practical terms which steps are useful during handover: preparing the handover protocol, coordinating time windows, documenting photos and key transfer, and which official forms or judicial contact points may be relevant. The aim is for you as a tenant to know your rights, meet deadlines and record the outcome in an evidence-secure manner. Readers receive clear action instructions, template guidance and references to competent authorities and courts in Germany so that the key return succeeds legally. Concrete examples and the most important statutory provisions are named.
What applies legally?
Landlords are obliged under the German Civil Code (BGB) to grant contractual use and tenants have duties to return the rented property including keys; relevant provisions are found in §§ 535–580a BGB.[1] Record in your handover protocol which keys were handed over and the condition of the flat so that later claims are documented.
Step-by-step: Preparation
- Check deadlines: Review your rental contract for return and termination deadlines and agreed appointments.
- Coordinate appointment: Offer the landlord several time slots and confirm date and time in writing.
- Prepare handover protocol: Create a written protocol with condition description, meter readings and list of keys.
- Collect photos and evidence: Photograph defects and the overall condition in high resolution.
- Label keys: Note which key belongs to which door and count all keys.
During the handover
- Hand over keys: Hand over only the agreed keys and note quantity and type in the protocol.
- Sign the protocol: Ask the landlord or representative to sign the protocol by hand and provide a copy.
- Confirm photos: Take photos before and after the handover and note them in the protocol.
- Request receipt for keys: If possible, request a written confirmation of receipt for the keys.
Evidence preservation and forms
Official forms or template letters can help, e.g. for claims or disputes. Use official templates for termination or receipt confirmation when available and keep all documents digitally and on paper.[2]
If there is a dispute
In case of disagreements about lost keys, damage or claims, start with written communication; if necessary, tenancy disputes can be resolved at the competent local court. Relevant precedent decisions may come from the Federal Court of Justice (BGH).[3]
- Local court: Responsible for most tenancy disputes; check local jurisdiction.
- BGH rulings: Relevant judgments can influence the interpretation of tenancy law.
- Legal help: If necessary, contact a legal advice centre or check eligibility for legal aid.
Key takeaways
- Documentation protects you: Photo evidence and signed protocols reduce the potential for disputes.
- Observe deadlines: Late return or missing notification can have disadvantages.
- Use official templates: Official forms increase evidential weight.
FAQ
- What if the landlord does not offer an appointment for key handover?
- Propose at least two appointments in writing and document your contact attempts; time-sensitive actions should be proven.
- Can the landlord later demand keys?
- Only if it can be proven that keys are missing or damage has occurred; careful documentation reduces this risk.
- Can I go to court in case of a dispute?
- Yes, tenancy disputes can be heard at the local court; consider an out-of-court settlement first.
How-To
- Check the rental contract and note deadlines for key return.
- Create a handover protocol with conditions, meter readings and key list.
- Coordinate the appointment in writing and confirm it by email or letter.
- Document the handover with photos and have the protocol signed.
- Keep all evidence safe and request a receipt of delivery if necessary.
