Tenant Rights: Documenting Keys & Evidence in Germany

Many tenants in Germany are unsure how to handle keys and access permissions during extended absences. This text clearly explains which types of evidence are useful — for example photos, handover protocols or witness statements — and how to document them securely to protect your privacy and rights. You will learn when a landlord may request access, which forms or proofs help, and how deadlines and the Civil Code (BGB) apply.^[1] The guidance is practical and shows concrete steps, such as creating a handover note or keeping personal records, so that as a tenant you are prepared and can better prove cases in court. Practical templates, notes on official forms and an example workflow for key handovers complete the guide.

What counts as evidence in key management?

Evidence helps to support your account later. Common and practical types of evidence are:

• Photographs of door locks, damaged cylinders or other damage.
• A written handover protocol with date, time and signatures of both parties.
• Witness statements (names and contact details of people who observed the event).
• Email or message transcripts that document access agreements and appointments.
• Key inventory listing which keys were given to whom.

When may the landlord request access?

A landlord may not enter arbitrarily. Permissible reasons are regulated by the landlord's legal duties and the Civil Code, for example for necessary repairs or imminent danger.^[1] Access should be announced appropriately; appointments are generally to be agreed with you. In suspected urgent danger the landlord may act more quickly but should also document such actions.

How to create a legally sound handover protocol?

A good handover protocol includes date, time, names, the condition of the apartment door and a list of handed-over keys. Steps to follow:

• Record the date and exact time of the handover.
• List each key individually and note who receives which key.
• Obtain signatures of both parties or an email confirmation as evidence.

What to do in case of dispute or unauthorized access?

Collect all documents, photos and messages, inform the landlord in writing and set a reasonable deadline for a response. If no agreement is possible, you can pursue legal action; tenancy disputes are usually heard at the local court (Amtsgericht).^[2]

FAQ

Do I have to document key handovers as a tenant?

No, there is no general obligation, but documentation protects you in later disputes and is highly recommended in practice.

What form does a valid handover protocol take?

A valid protocol includes date, time, involved persons, a key inventory and preferably signatures or email confirmations.

Who handles an eviction lawsuit?

Eviction lawsuits are handled by the competent local court (Amtsgericht); check deadlines and procedures under the ZPO.^[2]

How-To

1. Prepare: Create a checklist for keys and a simple handover protocol with date and signature.
2. Document: Take photos and save messages and emails with access agreements.
3. Confirm: Have the landlord sign the handover or send an email confirmation.
4. Set deadlines: If problems occur, request remedy in writing and set a deadline for response.
5. Pursue legal steps: If necessary, file documents at the local court or seek legal advice.

Help and Support / Resources

• BGB §535 – Duties of the landlord (gesetze-im-internet.de)
• Civil Procedure Code (ZPO) – Rules (gesetze-im-internet.de)
• Federal Ministry of Justice – Official information (bmj.de)

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1. [1] Bürgerliches Gesetzbuch (BGB) §535 – Miete (gesetze-im-internet.de)
2. [2] Zivilprozessordnung (ZPO) – Verfahrensregeln (gesetze-im-internet.de)
3. [3] Bundesministerium der Justiz – Offizielle Informationen (bmj.de)