Tenant checklist before signing: Germany

Many students sign rental agreements quickly when a property manager's representative shows the flat or explains access rights. To protect your privacy and rights, it is important before signing to verify who has power of attorney, which access rights are agreed, and how viewings are documented. In this text tenants in Germany will find concrete steps: which details should appear in the protocol, which forms and deadlines to observe, and when a local court can be involved. The language is plain, with examples showing how to collect evidence and use formal letters correctly. This helps you avoid later disputes and protect your rights as a tenant.

What students should check before signing

First check whether the presenting person can show a written power of attorney from the property manager or landlord. Without power of attorney, representatives should not make legally binding promises. State date, time, names of all present and exact statements about use or agreed access rights in the protocol; this helps later in disputes about obligations under tenancy law (^[1]).

• Request and copy the power of attorney in writing.
• Record written agreements on access appointments and key handover.
• Agree on concrete time windows for viewings or repairs.
• Add photos, date and a checklist to the protocol and sign it yourself.

Forms, deadlines and authorities

Some rules and deadlines derive directly from the German Civil Code (BGB); provisions on duties and termination are especially relevant for tenancy relationships ^[1]. In disputes over access or termination the competent local court (Amtsgericht) decides; tenancy disputes are heard there ^[2]. Procedural issues like filing a complaint or an eviction suit are governed by the Code of Civil Procedure (ZPO) ^[3].

• Termination letter: Clearly state date, contracting parties and reason; attach photos and the protocol.
• Meet deadlines: Respond to formal letters and deadline demands on time.
• Collect evidence: Save photos, witness names, message threads and emails.

How to make a protocol correctly

A clear protocol protects you better than a verbal note. At minimum write:

• Date, time and exact address.
• Names of all present and roles (e.g. property manager, landlord representative).
• Description of all discussed points, agreements and any damages.
• Signatures: Ask the representative to sign; keep a copy.

FAQ

Can a representative make legally binding promises without power of attorney?

No. Without verifiable power of attorney the representative's promises are usually not binding; written powers of attorney avoid misunderstandings. In disputes the local court can decide ^[2].

How do I properly record access by the property manager?

Note date, time, names and purpose of access, take photos and, if possible, have the representative sign the protocol.

What deadlines apply if I want to take legal action against an unauthorized access demand?

Procedures to enforce rights are governed by the ZPO; act quickly and file formal letters within the set deadlines if necessary ^[3].

How-To

1. On site: Immediately note date, time, names, purpose and observations.
2. Evidence: Take photos with timestamps and make copies.
3. Confirm in writing: Send the protocol to the representative and ask for confirmation.
4. If unclear legally: Contact the local court or seek legal advice ^[2].

Help and Support

• [1] German Civil Code (BGB) §§ 535–580a
• [2] Code of Civil Procedure (ZPO)
• [3] Federal Court of Justice (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH)
4. [4] Betriebskostenverordnung (BetrKV)