Key Handover for Tenants in Germany

A well planned key handover saves time and stress, especially for students who often face tight schedules. As a tenant in Germany you should know deadlines, wording and a handover protocol to avoid misunderstandings. This guide explains in plain language what preparations are necessary, how to document damages and which official steps are important when terminating the lease or returning the apartment. We reference the relevant laws and authorities, name the most important forms and show practical examples so you can organize the key handover safely, legally and with less stress. At the end you will find a short FAQ, a step-by-step guide and direct links to official legal bases and sample forms so you can follow every step. Read on for concrete checklists and templates.

Preparation for the key handover

Plan the handover in good time, gather all documents and inform roommates or the landlord about the time and place. Prepare a simple handover protocol and check the lease for agreed return conditions.

• Arrange appointment: set date and time (calendar).
• Document condition: take photos, notes and meter readings (photo, evidence).
• Check lease: review term, notice period and deposit (rent).
• Prepare handover protocol: have form, signatures and copies ready (form).

On termination by tenant: forms and deadlines

A written, signed termination is usually required. For the legal basis of termination and the obligations of landlord and tenant see §§ 535–580a BGB^[1]. In disputes about possession or eviction, the rules of the Code of Civil Procedure (ZPO) apply^[2]. If the landlord demands eviction, the local court (Amtsgericht) is usually responsible; eviction lawsuits and enforcement proceedings are handled there^[3]. State in the termination letter the contractual relation, the termination date and your signature.

Attendance and condition protocol

A handover protocol protects both parties. It records which keys were handed over, which defects exist and which meter readings were taken.

• Attach photos: document damages with date and short descriptions (photo, evidence).
• Sign protocol: landlord and tenant sign the document together (form).
• Note key count: record number and type of keys handed over (keys).

How-To

1. Arrange appointment: contact landlord or property manager at least one week in advance.
2. Create documentation: take photos, note defects and meter readings.
3. Fill out protocol: use a simple form and have both parties sign it.
4. Hand over keys: deliver all keys in person and provide a copy of the protocol.

FAQ

Who pays for damages discovered at the handover?

Generally the tenant is liable for damages beyond normal wear and tear; specific claims are guided by the lease and the statutory provisions in the BGB.^[1]

What if the landlord refuses the key handover?

Document the contact, send a deadline by registered mail and, if necessary, contact the competent local court or legal advice centre.^[3]

Do I need a specific form for the handover protocol?

There is no mandatory official form; a one-page signed protocol with date, defects and key count is often sufficient in practice.

Help and Support / Resources

• Gesetze im Internet – BGB (Tenancy law)
• Gesetze im Internet – ZPO (Civil procedure)
• Justice portal – information on local courts

1. [1] Gesetze im Internet — BGB §§ 535–580a
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Justice portal — local courts and jurisdictions