Tenant Checklist: Clean Handover in Germany

As a tenant in Germany you often face practical and legal questions at move‑in and move‑out. A clean handover, correct documentation and timely notices to the landlord are crucial to avoid disputes, additional claims or loss of the deposit. This article explains step by step how to organize a legally secure handover, which template forms are useful and which deadlines and duties under tenancy law (§§ 535–580a BGB) are relevant. You will receive practical checklists, tips for securing evidence with photos and witnesses, as well as typical disputes and solutions at the local court. The language remains clear so non‑lawyers quickly gain confidence. At the end you will also find links to official forms and the competent courts.

Preparation before the handover

Good preparation reduces disputes and protects your deposit. Start early with a checklist for cleaning, meter readings, key return and the protocol. Notify the landlord in writing about the desired date and agree on time and possible witnesses.

• Notify the landlord in writing of the date and time of the handover and request an acknowledgment of receipt.
• Arrange a handover appointment in good time so both parties have time to inspect defects.
• Record existing defects with dated photos to secure evidence.
• Carry out minor cosmetic repairs or clarify whether the landlord is responsible.
• Prepare all keys and note which keys will be handed over.

At the handover appointment

At the appointment, handover protocols should be created, meter readings taken and defects jointly noted. Request a signed copy of the protocol and keep your own copy. If landlord and tenant disagree, a neutral witness can help.

• Create a handover protocol with date, time, meter readings and a list of visible defects.
• Take photos of each room, especially documented damage, and save the files with dates.
• Have the protocol signed by both parties; if necessary, request the landlord's signature or comment.
• Hand over the keys and note the exact number and type of keys in the protocol.

After the handover: deadlines and possible steps

After the handover, the deposit remains a frequent point of dispute. Request a written settlement of the deposit within a reasonable period and check the stated costs carefully. For outstanding claims or eviction actions, local courts are responsible and the rules of civil procedure apply.^[2]

• Check the deposit statement and ask for receipts for charged repairs.
• In serious disputes, litigation at the local court may be necessary; inform yourself about jurisdiction.
• Observe deadlines carefully; missing them can weaken your claims or defense.

Forms and legal basis

Important legal bases are the BGB (§§ 535–580a) for tenancy and the ZPO for court proceedings.^[1] For template letters such as termination or defect notifications there is no nationwide mandatory form, but recommended text modules exist; always document in writing and send by registered mail if deadlines apply.

• Termination letter: no formal requirement, but include all relevant data (name, address, date, signature).
• Defect notification: describe the defect, date discovered and a deadline for remedy.
• Reminder or collection procedure: use the statutory channels in case of payment default.

Frequently asked questions

1. Must the apartment really be handed over clean?

"Besenrein" means general cleanliness (no gross dirt). Specific obligations may be in the tenancy agreement; according to common standards, no renovations beyond normal wear and tear are required.

2. Who pays for cosmetic repairs?

It depends on the tenancy agreement and the validity of clauses. Blanket renovation clauses are sometimes ineffective; check the lease and document the condition.

3. What if the landlord withholds the deposit?

Request a detailed statement and receipts. If no agreement is reached, you can request review or bring an action at the local court.

How‑to

1. Schedule the handover at least two weeks in advance and confirm it in writing.
2. Create a photo record of all rooms in advance and note meter readings.
3. Prepare a written handover protocol at the appointment with signatures of both parties.
4. Send a copy of the protocol to the landlord and keep your own copy.
5. Check deadlines in disputes and consider legal steps at the competent local court if needed.^[3]

Help & Support / Resources

• Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
• Zivilprozessordnung (ZPO) - gesetze-im-internet.de
• Bundesgerichtshof (BGH) - bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) - gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) - bundesgerichtshof.de