Tenants: Key Handover & Evidence in Germany

Many tenants in Germany are unsure how to collect evidence when the landlord requests access during their absence or manages keys. This guide shows simple, practical steps that tenants can use to protect their privacy, document accesses and securely collect evidence. It explains which documents are useful, which deadlines and legal bases to observe, and how to organize documents so they can be used before a local court. The instructions are written in clear language and aimed at tenants without legal expertise.

What to do now

Start immediately with systematic documentation: photos, timestamps, written handovers and witnesses are particularly persuasive. Note the date, time and reason for each access and the names of people present. Keep digital copies in at least two secure locations (e.g., cloud and external drive). Use short, clear descriptions for each file or photo so it remains traceable later.

• Photos of the apartment condition (photo) with date and time, each room documented separately.
• Period and access log (log) with date, time, reason and the name of the person.
• Written handover receipts or confirmations (receipt) for key transfers.
• Witness statements from neighbors or acquaintances as a written statement (record).

Rights, deadlines and competent authorities

The obligations of the landlord and the rights of tenants are regulated in the German Civil Code.^[1] Court procedures follow the Code of Civil Procedure.^[2] For tenancy disputes, the competent authority is usually the local court (Amtsgericht); higher instances are the Regional Court and the Federal Court of Justice.^[3]

Practical notes on deadlines

• Respond within the stated deadlines to landlord letters (within days) and archive date and time.
• Keep delivered or sent letters and emails in a dedicated folder (form).

Forms and templates

For concrete steps, template texts can be helpful. Examples:

• Termination letter (template) — when you terminate or respond to an unjustified termination; include date, reason and deadlines and send by registered mail.
• Power of attorney for key collection — when a third party is to hand over or collect keys; note scope and period of authorization.

How-To

1. Take photos immediately of the room condition and save files with date and short description (record).
2. Keep an access log: date, time, reason, people present (log).
3. Obtain a written receipt for key handover or create a handover protocol yourself (form).
4. Collect witness contact details and record brief statements by email or in writing (contact).
5. Retain the records at least until the matter is resolved and observe deadlines for possible legal action (within days).

Frequently Asked Questions

Can the landlord enter the apartment without my consent while I am away?

The landlord may only enter in narrow exceptional cases and usually only after prior notice and consent; otherwise your privacy is protected.

Are photos sufficient as evidence in court?

Photos are valuable if they show date and context; combined with logs and witnesses they are considerably more persuasive.

Where do I submit evidence if there is a lawsuit?

Evidence is submitted to the competent local court; submit copies and bring originals to the hearing if necessary.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
• Zivilprozessordnung (ZPO) - Gesetze im Internet
• Bundesgerichtshof (BGH) - Decisions
• Federal Ministry of Justice - Official Information

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Informationen zu Gerichten - Justiz
4. [4] Bundesministerium der Justiz - Official Information