Key Return for Remote Moves: Tenants in Germany
What matters when returning keys?
For a remote move, key return mainly differs because you are not personally present. Clarify the following points with the landlord early to avoid misunderstandings and claims for damages:
- Deadlines: Set binding return dates and confirm them in writing.
- Authorized person: Appoint a trusted person to hand over or receive the keys.
- Handover place and time: Agree on a secure location and time to avoid property damage.
- Handover protocol: Create a detailed protocol with photos and signatures of both parties.
- Power of attorney: Prepare a written power of attorney if someone acts on your behalf.
- Contact details: Leave up-to-date contact details and a forwarding address for queries.
Forms, power of attorney and handover protocol
Forms and written evidence are especially important for remote handovers because you cannot personally check how the acceptance proceeds. The most important documents are:
- Power of attorney: A simple document naming the authorized person and describing the purpose (key handover).
- Handover protocol: Record the condition, meter readings, damages and photographic evidence.
- Receipt confirmation: Signed confirmation by the landlord or the authorized person about receipt of the keys.
Legal bases and deadlines
In tenancy law, the duties under the German Civil Code (BGB) play a central role, particularly the duties regarding the return of the leased property and protection of the landlord's interests[1]. In disputes over return or eviction actions, the rules of the Code of Civil Procedure (ZPO) apply[2]. In case of conflict, the local court (Amtsgericht) is competent to hear tenancy cases in the first instance[3]. Pay attention to contractual deadlines in the lease and document all agreements in writing.
FAQ
- Who bears the risk if the landlord claims the keys did not arrive?
- As long as you can prove that you handed over the keys or have a receipt confirmation, the burden of proof usually lies with the landlord. A signed handover protocol and photo evidence are decisive here.
- Can I have someone return the keys on my behalf with a power of attorney?
- Yes. The power of attorney should include the name, purpose (key handover), date and your signature. Ideally, the authorized person also obtains a receipt confirmation.
- What happens if agreed appointments are not kept?
- If missed intentionally, landlords may claim damages. Document failures and inform the landlord immediately in writing.
How-To
- Establish contact: Inform the landlord in good time by email and confirm the return date in writing.
- Agree on appointment: Set date, time and place and document the agreement in writing.
- Issue power of attorney: Give the authorized person a written power of attorney with clear instructions.
- Create handover protocol: Record condition, meter readings and photos; have the recipient sign it.
- Send confirmation: Request a signed receipt confirmation and send a copy to your own email address.
Help and Support
- German Civil Code (BGB) - gesetze-im-internet.de
- Code of Civil Procedure (ZPO) - gesetze-im-internet.de
- Federal Ministry of Justice and Consumer Protection (BMJ)