Returning Keys on Weekends: Tenant Rights in Germany
What Tenants Need to Know
Fundamentally, the contractual obligations from the tenancy agreement and the statutory provisions of the German Civil Code (BGB) are decisive for return and liability. Important provisions on landlord and tenant duties can be found in §§ 535–580a BGB[1], for example on handing over the rented property and liability for damages. For practical handovers, contractual deadlines or individual agreements often apply; without an agreement the return should be carried out so that the landlord actually takes the keys.
Practical Steps for the Handover
- Arrange an appointment with the landlord or representative (appointment) and specify an exact time.
- Prepare a handover protocol and document everything (document): condition, meter readings and the number of keys handed over.
- Use a sample protocol or form (form) and have both parties sign it.
- Obtain confirmation of the key handover and request a receipt or acknowledgment (return keys).
If a Personal Handover Is Not Possible
If a personal handover on weekends is not technically or organizationally possible, alternatives are conceivable: handing over to an authorized person, depositing against receipt or sending by registered mail. For formal disputes about the return, civil procedural steps may be necessary; corresponding rules are found in the Code of Civil Procedure (ZPO)[2].
FAQ
- Who bears the costs if something happens to the keys?
- If keys are lost by the tenant before the handover, the tenant may be liable for replacement costs; if the loss occurs after the handover, normally the new holder bears the costs.
- Can the landlord require a handover only on weekdays?
- Unless otherwise agreed in the tenancy agreement, unreasonable requirements for handover times are disproportionate; however, practical arrangements are common.
- What if the landlord does not show up at the agreed time?
- Document the landlord's absence, optionally set a deadline by registered mail and do not hand over the key without a receipt of acceptance.
How-To
- Contact and agree a binding handover appointment (appointment).
- Prepare a handover protocol or have a sample form ready (form).
- Hand over the keys in person or via authorization at the appointment and obtain written confirmation of receipt (return keys).
- Add photos and signatures to the protocol and keep copies (document).
Help and Support / Resources
- German Civil Code (BGB) – Gesetze im Internet
- Federal Court of Justice (BGH) – bundesgerichtshof.de
- Federal Ministry of Justice (BMJ) – bmj.de
