Returning Keys: Tenant Mistakes to Avoid in Germany

When handing over an apartment, many tenants in Germany often face points of dispute, especially when returning keys. Small oversights such as missing photos, unclear handover records or forgotten meter readings can lead to unjustified deposit deductions or claims by the landlord. This article explains step by step how tenants can properly organise key return and a photo-check, which deadlines and documents are important and how to proceed in case of disagreements. The language remains clear, and practical checklists and examples make implementation easier. The aim is to avoid conflicts, secure rights and increase the chance of deposit return. We also show which official forms and local courts are responsible and how to observe deadlines or correctly timestamp evidential photos.

What matters when returning keys

Clean documentation is central: record the condition, meter readings and the exact time of handover. Note all keys before the handover and compare the number with the rental agreement or previous receipts. A signed handover protocol reduces later disputes. Legal bases include tenancy law provisions in the BGB.^[1]

Handover checklist

• Arrange an appointment and confirm date and time in writing.
• Photo check: document condition of floors, walls, installations and meters.
• Create a handover protocol and have all parties sign it.
• Count keys, record the key types (building, mailbox) and get a receipt.
• Read meter values, photograph them and record date/time.
• Document repairs and defects; distinguish between cosmetic repairs and actual damages.

Forms and deadlines

There is no uniform nationwide form for key return itself, but there are templates for handover protocols and for terminations. For legal actions, such as eviction suits or disputes over the deposit, the rules of civil procedure apply.^[2] Check deadlines carefully and respond promptly to reminders or documents from the landlord.

FAQ

What happens if I hand in keys without a protocol?

Without a signed handover protocol the landlord may later claim defects or missing keys; good photo and meter documentation reduces this risk.

Can a landlord withhold the deposit for missing keys?

The landlord may only deduct verifiable costs for replacement or additional keys from the deposit; flat-rate deductions without evidence are not permissible.^[1]

Which courts are competent for tenancy disputes?

Tenancy disputes are usually heard before the local court (Amtsgericht); higher instances are the regional court (Landgericht) and, if necessary, the Federal Court of Justice.^[3]

How-To

1. Arrange a handover appointment with the landlord and confirm date and time in writing.
2. Create a photo-check: photograph all rooms, meters and noticeable defects with date and time.
3. Prepare a handover protocol, review it together and have it signed.
4. Count all keys and have the landlord issue a receipt.
5. Keep copies of all documents and photos and contact legal advice or the competent local court if necessary.

Help and Support / Resources

• Gesetze im Internet – Federal Ministry of Justice (Legal sources)
• Federal Court of Justice (BGH) – Case law on tenancy
• Service-Bund – Forms and authority contacts

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Federal Court of Justice (BGH) – Case law