Secure Broom-Clean Handover for Tenants in Germany
As a tenant in Germany, a broom-clean handover is often a prerequisite for getting your deposit back and avoiding later disputes. This guide explains in clear language how to prepare a legally safe handover: which photos and meter readings you should take, which forms and protocols are common, and how to document damage. I provide practical checklists, a step-by-step guide for the handover protocol and notes on deadlines and court jurisdiction in Germany[1]. You will find examples of standard forms and advice on when to involve a lawyer or the local court[2]. The goal is that you, as a tenant, go into key handover confidently and well documented. Use the checklist for added security.
Preparation: What tenants should do beforehand
Before the appointment you should systematically collect evidence, clean and prepare forms. Photographs, readings and a signed protocol are the most important elements to avoid later disputes.
- Take photos (photo) of every room and store them in order
- Note meter readings (record) and have them confirmed
- Document damages (evidence) with detailed shots
- Prepare the handover protocol (form) and note your own points
- Plan key return (return keys) and confirm the appointment
- Arrange final cleaning or provide proof of it
The handover protocol: duty, content and behavior
A handover protocol should contain at least details of the parties, date, meter readings, condition of the rooms and a list of keys. Have the protocol signed by both parties and request a copy.
- Enter date, address and names of tenant and landlord
- Record meter readings (record) and meter numbers
- Reference photos (photo) as attachments and number them
- Describe damages briefly with location and photo reference
After the handover: deposit, deadlines and possible objections
Return of the deposit may take several weeks depending on the agreement; keep deadlines and receipts ready. If the landlord asserts claims for alleged damage, respond in writing, submit photos and demand a detailed cost breakdown.
- Challenge claims in writing and present evidence
- Follow up within usual deadlines (typically weeks to months)
- If disputed: check the jurisdiction of the local court (court)[2]
FAQ
- What does "broom-clean" exactly mean?
- "Broom-clean" generally means the apartment is free of coarse dirt; exact agreements are in the lease or in the written handover protocol.
- Is a photo sufficient as proof?
- A photo helps, but it is usually more convincing in combination with a signed protocol, witnesses or repair invoices.
- Can the landlord withhold the deposit immediately?
- No, withholding the entire deposit immediately without an accounting is often not legally justified; request a breakdown.
- Who resolves disputes?
- Rental disputes are typically heard in the local court; in higher instances the case may go to the regional court or BGH[3].
How-To
- Prepare: take photos (photo) of every room and damages
- Protocol: complete a handover protocol and add your own points
- Appointment: arrange the key handover and confirm the time
- Finish: have the protocol signed, request a copy and secure receipts
- If disputed: collect evidence and consider legal steps