Key Return in Germany: Photo Check for Tenants

At the apartment handover, photos are an important tool for tenants in Germany to protect their rights. A structured photo check documents key return, the condition of floors, walls, sanitary facilities and meters, and helps prevent later disputes about damages or deposit deductions. Photograph every door, lock, key ring and visible defects from multiple angles and note date and time. Combine the images with a short handover protocol and witnesses if possible. This guide explains practically which photos are important, which deadlines to observe, which official forms can be used and how to prepare evidence for court. Read the step-by-step instructions and templates so you can act confidently during the handover.

Why photos matter for key return

Photos create a dated record of the apartment condition at handover and show which keys were returned. In later claims by the landlord for alleged damages, continuous photo documentation helps contest unjustified deposit deductions. Combine pictures with a short written description, times and witness information; this increases evidentiary weight before the local court. ^[3]

Photo checklist for tenants

• Photograph the key ring with all tags and numbers from two perspectives.
• Document every room including corners, floors, sockets and ceilings, each with wide and close shots.
• Capture obvious defects such as scratches, holes, damp or broken radiators.
• Note date and time on each photo or add the information to the filename.
• Take photos of meter readings (electricity, water, gas) and save them separately.

Forms, deadlines and court

There is no single nationwide mandatory form for a handover protocol, but standardized templates can help. Key legal bases are in the German Civil Code (BGB) on tenant rights and duties.^[1] In eviction proceedings or civil disputes, the Code of Civil Procedure (ZPO) regulates the process.^[2] Disputes over deposits and damages are usually heard before the competent local court (Amtsgericht); for higher values, regional courts may be involved.

Important forms and examples (practical for tenants)

• Termination letter (template): used by the tenant at contract end; example: clearly state the termination date and apartment details.
• Handover protocol (template): records condition and returned keys; have both parties sign it.
• Damage notice to the landlord: document damage, date and photos, request a deadline for response.

What to do in case of disputes about deposit or damages?

If the landlord announces deposit deductions, request a detailed breakdown and evidence. Compare this with your photo documentation and handover protocol. If you cannot resolve the deductions, submit a written statement and consider filing a claim at the local court, possibly with legal advice or tenant counseling.

FAQ

How many photos should I take at handover?

Photograph every wall, floor, ceiling, sockets, meter readings and the key ring from several angles; roughly 30–50 images are often appropriate.

Are photos alone sufficient evidence in court?

Photos are strong evidence but work best combined with timestamps, filenames, a signed handover protocol and witnesses.

What if the landlord refuses to sign the protocol?

Leave a dated copy with the landlord, record the refusal in writing, note witnesses or request a short confirmation by e-mail.

Which deadlines apply to objections to deposit statements?

Check the statement immediately and respond promptly in writing; specific deadlines may be contractually agreed, otherwise statutory limitation periods apply.

Anleitung

1. Prepare: prepare a checklist, camera/smartphone and a handover protocol.
2. Document keys: photograph the key ring, all cylinders and any damage to locks.
3. Record condition: photograph defects, meter readings and furnishings systematically room by room.
4. Create protocol: complete the handover protocol, attach photo lists and have both parties sign.
5. Secure copies: send the landlord a copy by e-mail and store originals in at least two backups.
6. In case of dispute: submit a written statement and prepare evidence for the local court.

Key takeaways

• Photos plus a signed protocol are often decisive in deposit disputes.
• Keep records, meter readings and correspondence organized.
• Respond quickly to claims to avoid missing deadlines.

Help and Support / Resources

• BGB - Bürgerliches Gesetzbuch (gesetze-im-internet.de)
• ZPO - Zivilprozessordnung (gesetze-im-internet.de)
• Information on the court system (justiz.de)

1. [1] Bürgerliches Gesetzbuch (BGB) - §§ 535–580a (gesetze-im-internet.de)
2. [2] Zivilprozessordnung (ZPO) - Verfahrensregeln (gesetze-im-internet.de)
3. [3] Information on the court system and jurisdictions (justiz.de)