Documenting Key Management: Tenant Rights in Germany
As a tenant in Germany, it is important to document key handovers and access rights clearly to protect privacy and tenancy rights. This guide explains practically which data you should record in a flatshare, such as photos, handover protocols and witness statements, and how to store evidence securely. You will learn when it makes sense to ask the landlord in writing, when photos or witnesses are necessary, and how documentation helps in rental disputes or an eviction before court. The language remains simple and applicable: step-by-step tips, relevant deadlines and which official forms and courts in Germany are responsible.
What belongs in the checklist?
Document every key handover systematically. Clearly record who had which key when and the condition of the flat.
- Date & time (calendar) of the key handover
- Name & role of the person with keys (e.g. main tenant, subtenant)
- Photographs & condition (evidence) of doors, locks and keys
- Handover protocol (form) with signatures and a short statement of condition
- Witnesses and contact details (call) if present
- Storage location & backup (evidence): photo and protocol copies, digitally secured
How to document key handovers?
Use a simple handover protocol, take clear photos when possible and note names and times. Legal bases are in the tenancy law of the BGB.[1] If necessary, the competent local court (Amtsgericht) is responsible for rental disputes.[2] For important legal questions or precedents, BGH decisions can provide guidance.[3]
- Take sharp photos (evidence) of the lock, key and any damage
- Fill out a written handover protocol (form) and have it signed
- Record witnesses with phone numbers (call)
- Save digital copies in two locations (evidence)
- If there are disagreements, send a written request to the landlord asking to respond within a deadline (time)
How-To
- Arrange a fixed appointment for the key handover and note date and time (calendar)
- Photograph the condition and store images in at least two places (evidence)
- Complete a handover protocol (form) and have all parties sign it
- Name a witness or provide contact details (call)
- Create digital backups and encrypt sensitive files (evidence)
- If necessary: submit evidence to the competent local court or seek legal advice (court)
Frequently Asked Questions
- Do I need the landlord's permission to copy a key?
- Generally, copying keys should be coordinated with the landlord; there are exceptions for safety or fire protection. If unclear, document the agreement in writing.
- Can I take photos of the flat if the landlord enters without notice?
- Unannounced entry by the landlord is only permitted in narrow exceptions. Document the incident and request a written explanation; if necessary, contact the local court.[2]
- How long should I keep handover protocols?
- Keep protocols and receipts ideally for at least two years, preferably longer, especially if rent payments or damages are in dispute.
Key Takeaways
- Documentation protects privacy and legal interests.
- A signed handover protocol is often decisive in disputes.
