Enforcing Key Return for Tenants in Germany

If a landlord or property management delays returning apartment keys or imposes conditions, tenants in Germany have clear rights. This guide explains in plain language how to organize the key handover, which documents and deadlines matter, and which official forms or court steps are possible. Step by step you will learn how to request the keys in writing, set a reasonable deadline, secure evidence such as photos and handover protocols, and when it is necessary to go to the local court. You will also find templates, references to §§ 535–580a BGB^[2] and practical examples for letters to landlords. The aim is to give you concrete, legally sound actions so you can properly end the tenancy and avoid unnecessary costs.

Rights and Obligations for Key Return

The landlord is obliged to ensure the tenant's use of the rental during the tenancy and to accept return of possession after the tenancy ends. Practically, this means you should clearly and in writing state when and how you will hand over the keys and document the landlord's response. If the landlord makes conditions or does not respond, you can set a deadline and, if necessary, consider legal steps.

Documents and Evidence

• Written request to the landlord (form or letter, "form")
• Photos of the apartment condition, handover protocol and witnesses (evidence)
• Note deadlines and document when the deadline starts (deadline)
• Proof of key return, e.g. receipt or written confirmation (keys)

Forms and Templates

There are standard templates for termination notices and handover requests, such as templates for termination letters and demand letters. Use a clear letter with date, precise description (address, apartment number) and a concrete deadline for key return. Example wording: "Please return the keys by DD.MM.YYYY at the property; otherwise I will be forced to take further steps." For sample letters and further templates see the official information from the Federal Ministry of Justice^[1].

• Termination letter template from the ministry (when tenancy ends) (form)
• Written demand for key handover with deadline (form)

If the Landlord Does Not Respond

If the landlord does not respond to your request, set a reasonable deadline (typically 7–14 days) in your letter and document when the deadline begins. Possible next steps include a reminder letter, a notice for disturbance of possession, or initiating simple court proceedings. Court procedures follow the rules of the Code of Civil Procedure (ZPO)^[3] and jurisdiction is typically with the local court (Amtsgericht)^[4].

• Set a deadline and choose a verifiable method of delivery (deadline)
• Final written demand before taking further steps (form)
• Consider debt collection or filing a claim at the local court (court)
• Organize evidence: photos, protocols, witness statements and confirmations (evidence)

FAQ

Can the landlord withhold the keys?

No, the landlord may not arbitrarily withhold keys; disputes rely on the landlord's obligations under the BGB^[2] and agreed return times.

What deadline is appropriate?

Often 7–14 days after the demand is appropriate; the exact period depends on the handover situation and contractual agreements.

Is registered mail sufficient?

Registered mail with return receipt is practical because it documents the delivery of the demand and can serve as evidence in court.

How-To

1. Request in writing: Draft a clear demand with date and deadline and send it by a verifiable method (form).
2. Set a deadline: Provide a concrete time frame (e.g., 10 days) and document when it starts (deadline).
3. Collect evidence: Secure photos, a handover protocol, witnesses and delivery confirmations (evidence).
4. Legal check: If there is no reaction, consider simple claim procedures or debt collection at the local court (court).
5. Document the handover: Provide a receipt or signed protocol at the handover.

Key Takeaways

• Keep thorough evidence: photos and protocols are crucial.
• Use clear, verifiable written demands.
• Observe and document deadlines carefully.

Help & Support

• Gesetze im Internet (BGB)
• Gesetze im Internet (ZPO)
• Federal Ministry of Justice and Consumer Protection (BMJV)

1. [1] Federal Ministry of Justice and Consumer Protection (BMJV)
2. [2] German Civil Code (BGB) §535 – landlord obligations
3. [3] Code of Civil Procedure (ZPO)
4. [4] Information on local courts and jurisdiction