Proving Key Handover for Index Rent in Germany
As a tenant in Germany, proper documentation of key handover in an index-rent situation can be crucial if a later dispute arises about possession, termination, or compensation. This article explains clearly and practically which types of evidence are recognized, how to use handover protocols, photos and witness records, and which deadlines to observe. It also shows which official bodies you can contact and which forms are often required, for example at the local court or for written correspondence with the landlord. Read the step-by-step guide and the FAQ to strengthen your rights as a tenant in Germany and avoid unnecessary risks. The tips are practice-oriented and refer to relevant sections of the BGB and procedures of the ZPO.
What counts as evidence?
In disputes over key handover, various pieces of evidence can help. No single form is automatically sufficient; the more independent proofs, the stronger your position.
- Handover protocol with date, time, signatures of both parties and meter readings.
- Photos or videos of the handed keys, the lock and the condition of the apartment.
- Written correspondence by e-mail or registered letter showing dates and agreements.
- Witness statements from third parties who were present at the handover.
- Receipts for key handovers or repairs immediately after handover.
How to create a handover protocol
A well-completed handover protocol is often the most important document. Pay attention to clear details, signatures and note any visible defects.
- Date and time of handover, full names and contact details of tenant and landlord.
- List of all handed keys with quantities and key numbers if available.
- Brief description of the apartment condition and noted defects with photos attached.
- Signatures of both parties; keep a copy and send one by e-mail.
When deadlines matter
Deadlines are especially relevant for return claims or later demands. Document everything promptly and respond quickly to letters from the landlord or courts.[1]
If the dispute goes to court
In unresolved situations, a lawsuit or formal demand may be necessary. Tenancy law claims are usually heard at the local court; appeals go to higher courts and possibly the Federal Court of Justice (BGH).[2]
- Local court (Amtsgericht) competent for many tenancy cases such as eviction suits or claims for payment.
- Prepare evidence: protocols, photos, e-mails and witness statements.
- Forms and complaint templates are often available via the local justice portal or directly at the court.
FAQ
- What if the landlord claims the keys were not handed over?
- Show your handover protocol, photos, e-mails or witnesses; if necessary, inform the local court for clarification. Collect evidence promptly and in order.
- Is a photo enough as evidence?
- A photo can be part of the evidence but is often not sufficient alone. Combine photos with a protocol, dates and witnesses for stronger proof.
- Where can I find official forms or help?
- Forms and information are available at the local court or on official justice portals of the federal states and the federal government.[3]
How-To
- Schedule the handover and note the date and time precisely in the protocol.
- Create a written handover protocol with clear details and have both parties sign it.
- Photograph keys, lock and apartment condition and save copies of e-mails and receipts.
- In case of dispute: seek amicable resolution first, then consult the local court or an official body and file suit if necessary.
