Key Return for Remote Move: Tenants in Germany

When moving remotely, organizing the key return is particularly important for tenants in Germany. If you cannot hand over keys in person, you should clearly arrange deadlines, powers of attorney and receipts to avoid misunderstandings or unjustified claims. This guide explains in clear steps which rights and obligations tenants have under the BGB, which forms or agreements are useful, and how to professionally handle practical cases such as collection, handover protocol or forwarding order. The advice is easy to implement and aimed at tenants without legal knowledge. Read on for checklists, suggested wording, sample texts and concrete examples for key handover during a remote move in Germany. At the end you will also find information on which courts and forms are relevant in disputes.

Legal background

Obligations when returning the rented property arise from the Civil Code (BGB), in particular regarding condition and return duties under § 546 BGB and the provisions on contractual obligations. ^[1] Clarify in the lease which form of handover is agreed (in person, authorized representative, deposit). If deadlines or special agreements are missing, the general obligations from the BGB apply.

Practical steps for returning keys

• Contact the landlord: Arrange an appointment early by email or phone for the handover.
• Set up a power of attorney: If you cannot be present, prepare a written power of attorney with name, period and scope of key handover.
• Prepare a handover protocol: Document date, time, meter readings, existing defects and keys handed over; have both parties sign it.
• Photos and receipts: Take photos of the condition and keep forwarding orders and receipt confirmations.
• Document key count: Note the handed-over keys and keep a copy of the protocol for your records.

What to do if there are problems?

If the landlord claims keys were not returned or asserts damages, request a detailed list of alleged defects and costs. For unclear claims, tenants can pursue legal remedies; district courts are competent for most tenancy disputes. ^[2]

For larger disputes about defects or operating costs, obtaining legal advice and considering court action at the competent district court may be appropriate. Higher instances such as the regional court or the Federal Court of Justice decide only in appeal or revision proceedings. ^[3]

FAQ

Who pays for replacement keys if needed?

The landlord may request replacement costs if the tenant has culpably lost keys; general wear and tear is not covered.

Can I return the key by post?

Yes, this is possible if both parties agree; send traceably (registered mail or delivery confirmation) and document shipment and receipt.

What if the landlord refuses to accept the return?

Collect evidence (protocol, photos, witnesses) and contact the district court or seek legal advice to resolve or enforce the matter.

How-To

1. Arrange appointment with landlord and confirm handover method in writing.
2. Prepare the handover protocol and obtain both signatures at the appointment.
3. Take photos of the apartment condition and record meter readings.
4. Issue a written power of attorney for an authorized person if necessary.
5. Secure receipts and protocol; respond timely to disputes and contact the court if needed.

Help and Support / Resources

• Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
• Information on courts and jurisdiction (Justiz)
• Federal Court of Justice (BGH) – Decisions

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
2. [2] Justiz: Information on courts and jurisdiction
3. [3] Federal Court of Justice: Decisions and guidance