Move-out Cleaning: Secure Handover for Tenants in Germany
As a tenant in Germany, a clean move-out handover during a long-distance move is a crucial step for deposit refunds and any later legal disputes. Many tenants are unsure which cleaning, documentation and deadlines are necessary, or how to enforce claims without a lawyer. This guide explains in plain language what obligations you have as a tenant, how to correctly prepare a handover protocol, which photos and meter readings are important, and how to prove defects. You will also receive practical steps for communicating with the landlord, advice on meeting deadlines and links to official laws and courts in Germany so you can assert your rights confidently. At the end you will find a step-by-step guide and information about official forms and the competent local court.
What is a clean move-out handover?
A clean handover means that the apartment is handed over in a tidy, cleaned condition: cleaned floors, sanitary facilities without heavy dirt and no large leftover furniture. The exact obligations follow from the tenancy agreement and from the German Civil Code (BGB)[1], which regulates the general rights and duties of tenants and landlords.
Checklist: Preparation for a clean handover
- Perform final cleaning (floors, kitchen, bathroom).
- Carry out minor repairs (holes, lights, seals).
- Take dated photos of all rooms.
- Read and note meter readings for electricity, gas and water.
- Prepare the handover protocol and make copies.
- Plan key handover and provide forwarding address.
Rights, deadlines and deposit
The landlord may only use the deposit for justified claims; you must object in writing and on time to unjustified deductions. Relevant tenancy rules are in §§ 535–580a BGB[1]. If the landlord wants to enforce claims, civil procedural steps under the Zivilprozessordnung (ZPO) are possible[2], usually at the competent local court.
Handover protocol: structure and wording
A handover protocol is your most important piece of evidence. It should include date, time, names of participants, meter readings, an inventory of fixtures and any detected defects. Phrase descriptions factually and avoid vague terms.
- Note date and time of handover.
- Enter meter readings for electricity, gas and water.
- Describe damages precisely and, if possible, state dimensions or extent.
- Obtain signatures from tenant and landlord and make copies.
FAQ
- Do I really have to hand the apartment over clean?
- If the tenancy agreement specifies a clean handover, then yes. If not, the apartment must be returned in the condition agreed in the contract. Check your agreement and document the condition in writing.[1]
- What counts as permissible wear and tear?
- Normal signs of use (e.g. light wear on floors or doors) are usually permissible. For additional claims by the landlord, detailed evidence and comparison photos are important.[3]
- How do I contest unjustified deposit deductions?
- Send the landlord a formal statement with a deadline, attach your photos and the handover protocol and refer to the legal basis. If necessary, a lawsuit can be filed at the local court; there are official forms and guidance for this.[4]
How-To
- Plan the move-out date and inform the landlord in writing.
- Do a thorough final cleaning or hire a cleaning company.
- Create photo documentation of all rooms with dates.
- Read all meter values and note them in the protocol.
- Prepare a handover protocol and have the landlord sign it.
- Request the deposit statement on time and review all deductions.
- If there is a dispute: object in writing and consider court action at the local court.
Key Takeaways
- Complete photo documentation reduces the risk of unjustified claims.
- The signed handover protocol is the most important evidence.
- Missing deadlines can lead to loss of rights; act promptly.
Help and Support / Resources
- German Civil Code (BGB) – full text
- Federal Court of Justice (BGH) – decisions
- Federal Ministry of Justice (BMJ) – information
