Plan Key Handover for Tenants in Germany
If you are a tenant moving out or terminating your lease, the key handover is one of the most important formalities in Germany. Clear planning protects against misunderstandings, additional claims and possible eviction lawsuits. This guide explains in practical terms which information should be in the handover protocol, how to coordinate appointments and deadlines, and which proofs (photos, meter readings) you should collect. I also give examples of sample wordings, explain when a local court (Amtsgericht) is responsible, and link to official laws and court sources. Follow the step-by-step instructions for a clean handover and get templates you can use immediately. This helps to avoid deposit disputes and gives you clear evidence of the apartment's condition. If necessary, you can find official contacts in the "Help and Support" section.
What is important in the key handover?
The key handover documents the condition of the apartment at move-out and can be decisive for later deposit issues. Note the date, time, names of the persons involved and meter readings. A written handover protocol signed by both parties is the most reliable proof. Relevant legal foundations for the tenancy and responsibilities can be found in the BGB (sections 535–580a).[1]
Checklist for tenants
- Agree an appointment with the landlord and confirm place and time.
- Prepare a sample handover protocol and record all relevant points (number of keys, damages, meter readings).
- Take dated photos of the apartment condition and save them as evidence.
- Read and record meter readings (electricity, gas, water) in the protocol.
- Document key handover and have the receipt signed.
What to do in case of problems or disagreement?
If there are disagreements about damages or claims to the deposit, the local court (Amtsgericht) and possibly higher instances are often competent. Civil procedure rules of the ZPO apply to legal disputes; BGH decisions can be relevant for fundamental legal questions.[2][3] Documentation and timely responses increase your chances of enforcing claims.
How-To
- Schedule an appointment: Contact the landlord in good time and propose two dates.
- Prepare the protocol: Use a sample handover protocol and record number of keys and meter readings.
- Sign the protocol: Both parties sign the protocol; each receives a copy.
- Hand over keys: Give the keys and obtain a receipt; keep a copy of the protocol.
FAQ
- Do I need a written handover protocol?
- A written protocol is not legally mandatory but is strongly recommended because it serves as evidence in deposit disputes.
- Who pays for small repairs before handover?
- Normal wear and tear is usually not charged to the tenant; landlords can claim for damages beyond ordinary wear and tear.
- What if the landlord refuses to return the deposit?
- Document the condition and the protocol and, if necessary, contact the competent local court or use the authorities listed in the "Help and Support" section for next steps.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Federal Court of Justice (BGH) – Decisions
- Justice Portal of the Federal Government and the Länder – Forms & Courts
