Key Return 2025: Protect Tenants in Germany
As a tenant in Germany you should be well prepared for the key return in 2025 to avoid financial disadvantages and disputes with the landlord. Clear agreements, a complete handover protocol and proof of condition and cleaning protect your deposit and rights. This article explains in simple, practical terms which deadlines must be observed, which forms may be relevant and when you may need legal help from the local court or higher instances. The advice is aimed at non‑legal readers and shows step by step how to avoid common mistakes and securely document evidence.
Before the Handover
- Arrange the appointment: Propose a specific handover date and confirm date and time in writing.
- Prepare documentation: Take photos of the apartment condition and note meter readings to avoid later disputes.
- Check forms: Do you have a handover protocol or termination confirmation ready? Use official guidance on forms and templates if necessary.[4]
- Repairs and cosmetic work: Clarify early which defects the landlord will cover and which you must fix.
At the Handover
Carry out the handover protocol together with the landlord and record all differences from the contractual condition. Meter readings, damaged items or visible defects belong in the protocol; obtain signatures. If the landlord requests keys, hand over all agreed keys and ask for written confirmation. If there is no agreement, note the dispute in the protocol and keep copies.
- Return keys completely: Mention all locks, spare keys and access codes.
- Have the protocol signed: Request a countersigned copy for your records.
- Discuss the deposit: Clarify deadlines and billing of the deposit to check later deductions.
If There Is a Dispute
In disputes over keys, damage or deposit deductions, the statutory rules in the BGB are relevant, in particular the landlord's and tenant's duties.[1] If an eviction lawsuit or payment claim is threatened, the Code of Civil Procedure regulates proceedings before the local court.[2] In complex cases decisions of the Federal Court of Justice can provide guidance.[3]
Practical Notes on Forms and Templates
Official templates and samples can help, e.g. for termination letters or handover protocols. In the form state date, address, condition and number of keys as well as signatures. One example: use a "termination letter template of the Federal Ministry of Justice" when you want to document a timely termination.[4]
Frequently Asked Questions
- Who bears the burden of proof for damages when moving out?
- Basically, the landlord must prove damages he asserts; your photos and the protocol relieve you.
- How quickly must the deposit be settled?
- There is no uniform statutory deadline, but the settlement must be made within a reasonable period; three to six months are often common.
- What to do if the landlord does not provide a key confirmation?
- Create your own handover protocol, have witnesses sign and send a verifiable notice by registered mail or email with read receipt.
How-To
- Arrange and confirm the appointment in writing.
- Take photos, note meter readings and prepare the handover protocol.
- Hand over all keys and record the return in the protocol.
- Check deposit claims and note deadlines for settlement.
- If there is a dispute, observe deadlines and consider legal advice or a claim at the local court.
Help and Support / Resources
- Civil Code (BGB) – Official texts
- Code of Civil Procedure (ZPO) – Official texts
- Federal Court of Justice (BGH) – Decisions