Move-In/Out Protocol for Tenants in Germany
A well-documented move-in/out protocol protects tenants and landlords during move-in and move-out. In Germany it helps to record damages, meter readings and the apartment condition reliably, clarifies evidentiary questions and avoids disputes over the security deposit. This practical guide explains in plain language which entries belong in the protocol, which official forms exist and how to use photos, witnesses and deadlines in a legally secure way. It also describes which sections of the BGB are relevant and which local courts tenants can go to if there are disagreements. At the end you will find a checklist and notes on official links and sample letters for typical situations.
What belongs in the move-in/out protocol?
A complete protocol should include these points: date, address, meter readings, number of keys, descriptions of defects and the names of the persons present. Record precise details and measure rooms if necessary. The legal basis is found in the German Civil Code (BGB) [1], which regulates landlord and tenant obligations.
Typical entries
- Photos and dates as evidence of condition and damages.
- Recorded meter readings for electricity, gas and water.
- Key handover with quantity and location of spare keys.
- Signatures of all attendees and indication of witnesses if applicable.
When and how to use it formally?
The protocol should ideally be signed together at key handover. If there is a dispute, the competent local court (Amtsgericht) often decides on claims such as return of the deposit or damages [2]. If you have problems, respond in writing within deadlines and document every communication.
Template forms and formats
There are no centralized mandatory move-in/out protocol forms, but templates and court procedural forms for claims exist; guidance on official forms and procedures is available from authorities [3]. A simple tenant example: "Tenant A and Landlord B confirm the condition with date and photos; 2 keys handed over; mold in bathroom corner documented."
Checklist for tenants
- Enter date, place and full address.
- Record meter readings in writing and with photos.
- Describe and photograph all defects, even small ones.
- Ensure signatures of all present and note witnesses if any.
If the landlord refuses
If the landlord refuses to sign a protocol, prepare your own version anyway, date and sign it, and deliver a copy by registered mail or documented email. Also note witnesses or third parties present.
FAQ
- Do I always need a move-in/out protocol?
- A protocol is not legally mandatory, but it significantly increases your legal security and makes it easier to prove damages or deposit disputes.
- What if parties have different condition descriptions?
- Document differences with photos and witnesses; the local court decides in case of dispute.
- Can I make changes to the protocol afterward?
- Subsequent changes should only be made with the consent of both parties and a new signature, otherwise they remain unresolved.
How-To
- Arrange an appointment: Agree a specific time with the landlord for the handover.
- Prepare: Bring a flashlight, tape measure, camera or phone and a copy of a protocol template.
- Inspect and document: Walk through room by room, note defects, meter readings and take photos.
- Get signatures: Have all attendees sign the protocol and hand over a copy.
- Store: Keep the original and all receipts until all matters (e.g. deposit) are finalized.
Help and Support / Resources
- Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
- Gesetze im Internet: Zivilprozessordnung (ZPO)
- Federal Ministry of Justice and Consumer Protection (BMJ)
