Plan Key Handover: Tenant Rights Germany

As a tenant in Germany you should take the key handover seriously: it formally ends the tenancy and can have consequences for the deposit, replacement tenants and any termination by tenant. A clean handover protects you from later claims and makes the settlement of operating costs and the return of the deposit easier. In this guide we explain in plain language which documents are useful, how to create a handover protocol, which deadlines to observe and which courts or authorities to contact in case of dispute. Practical examples show how to document damages, record meter readings and correctly formulate a receipt so that you remain legally protected.

Preparation for the key handover

Before scheduling the appointment, check the lease for agreements on deadlines, place of return and condition of the flat. Note relevant clauses on cosmetic repairs and possible charges; statutory bases are in the BGB (§§ 535–580a).^[1]

At the handover appointment you should have the following documents ready and, if necessary, fill out forms:

• Handover protocol with meter readings and visible defects
• Copy of the lease or relevant annexes
• All keys, mailbox key and spare keys

What should be in the handover protocol

The protocol should list date, time, names of landlord and tenant, exact meter readings (electricity, gas, water), visible defects and the keys handed over. Both parties sign the protocol; keep a signed copy.

Typical problems and how to avoid them

• Vague defect description: Describe damages precisely (location, extent, photo reference)
• Dispute about deposit: Request a detailed settlement and compare the protocol with the handover date
• Eviction lawsuit or deadline errors: Respond in time to letters; legal proceedings are handled by the local court

FAQ

Who signs the handover protocol?

Landlord and tenant sign the protocol together; it is also advisable to have a witness sign if possible.

What if the landlord does not issue a protocol?

Create your own protocol, date and sign it and, if possible, have the landlord sign it or send him a copy by registered mail.

Can the landlord still complain about defects months later?

The landlord can examine possible damage claims, but your documentation and the protocol limit subsequent claims; the rules of the ZPO apply to deadlines and lawsuits.^[2]

How-To

1. Arrange an appointment in writing with date and time and confirm it by e‑mail or letter.
2. Document the condition of the flat: create photos, meter readings and a list of all defects.
3. Fill out a handover protocol, list all key types and sign the protocol.
4. Hand over all keys in person and have the receipt confirmed; provide a copy of the protocol.
5. Keep the documents and deadlines; in case of disputes, submit copies to the local court or legal counsel.

Important notes on termination and deposit settlement

If the key handover is related to a tenant termination, observe the notice period in the lease and the statutory provisions in the BGB. Return the keys at the contractually agreed time, otherwise you may remain liable for rent. If utility bills are outstanding, request a settlement within the statutory period and compare it with your meter reading records.

Help and Support / Resources

• Federal Ministry of Justice and Consumer Protection
• Laws on the Internet (BGB, ZPO)
• Federal Court of Justice (BGH) Decisions

1. [1] Civil Code (BGB) – Laws on the Internet
2. [2] Code of Civil Procedure (ZPO) – Laws on the Internet
3. [3] Federal Ministry of Justice and Consumer Protection – Homepage