Tenants: Enforcing Key Return in Germany

As a tenant, it is frustrating when the landlord or successor tenant does not return the apartment keys on time. In Germany there are clear rights: you can set a written deadline, collect evidence and, if necessary, seek court assistance. This article clearly explains which steps you should take immediately, which template forms and deadlines matter and when going to the local court is sensible. I show how to document damage and access rights, which legal bases in the BGB^[1] and the ZPO^[2] apply and how official contact points can help you. The language stays practical and easy to understand so you as a tenant can organize and enforce your key return in 2025 legally.

What to do if keys are not returned?

First: stay calm and act systematically. Keys are part of the rental use; missing keys can raise access and liability questions. First set a clear written demand for return with a concrete deadline and a handover appointment. Specify potential consequences if not complied with (e.g. replacement or lawsuit). Use official template forms from the Federal Ministry of Justice^[3] and document every step.

• Documentation: collect photos, dates, contact information and witnesses
• Set a deadline: written demand with a short deadline (e.g. 14 days)
• Check payments: document deposit and possible damages
• Reminder & forms: send template letter by registered mail
• Court steps: consider filing at the local court if return fails

Legal foundations

The tenancy rules in the BGB regulate duties and rights of landlords and tenants, for example regarding use and damages; procedural rules are found in the ZPO. If deadlines are missed, an action for restitution may be brought before the local court; appeals go to higher courts and the Federal Court of Justice. Observe deadlines carefully and document deliveries (e.g. registered mail).

FAQ

Can I withhold keys if the landlord does not fix defects?

No. Withholding keys is generally not permitted. Instead use legal remedies such as defect notification and possibly rent reduction; seek advice if unsure.

How do I set a deadline for key return correctly?

In writing by letter or registered mail with a specific date and handover location. Specify a reasonable deadline (e.g. 14 days) and possible consequences if not complied with.

Which forms are relevant?

Reminder letters, registered mail receipts and, if necessary, a pre-formulated claim for restitution or damages; official templates can be found at the Federal Ministry of Justice.

When should I seek court help?

If written requests and deadlines remain ineffective and financial or legal damage is imminent, filing at the local court is the next step.

How-To

1. Create a written demand: name date, deadline (e.g. 14 days) and handover place
2. Secure evidence: collect photos, witness statements and message logs
3. Observe the deadline: after expiry evaluate further steps
4. Document costs: replacement keys, lock change and possible deposit deductions
5. Consider legal action: file at the local court if necessary
6. Seek advice: contact tenant associations or legal counsel

Key takeaways

• Documentation is essential: evidence improves outcomes.
• Set and prove deadlines in writing.
• Court action is an option if demands remain unanswered.

Help and Support / Resources

• BGB online – Gesetze im Internet
• Federal Court of Justice (BGH) – Decisions
• Federal Ministry of Justice – Forms & guidance

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Federal Ministry of Justice – Official guidance and forms