Tenant Handover Mistakes to Avoid in Germany
As a tenant in Germany, a clear handover protocol when moving in and out is one of the best protections against later disputes. This article explains in plain language which typical mistakes occur when creating the protocol, which deadlines and forms matter, and how to systematically secure evidence. It gives practical steps for photos, meter readings and receipts, explains when to use forms such as termination letters or damage reports, and names the competent courts and statutory sections so you can act if necessary.
Why a handover protocol matters
A written protocol documents condition, defects and meter readings and is often decisive in deposit disputes or cosmetic repairs. Tenant and landlord obligations are regulated in the BGB and provide the framework for claims and deadlines.[1]
Common mistakes at move-in and move-out
- No photos or videos of the apartment condition are taken.
- Incomplete or missing meter readings for electricity, gas and water.
- Handover protocol agreed only verbally instead of being fixed in writing.
- Deposit not claimed on time or receipts for deductions are missing.
- Damages not reported immediately or repair responsibilities misjudged.
How to document damages and deadlines
Photograph every wall, every floor and close-ups of damage. Record meter readings at move-in and move-out in the protocol and keep all receipts for renovations or tradespeople. If you initiate formal steps, such as a defect notice or deadline setting, note the method of dispatch and date.
FAQ
- What must the handover protocol definitely include?
- Date, time, complete list of defects, meter readings, names of participants and signatures as well as photos as an annex.
- Can the landlord change a protocol retroactively?
- Yes, but retroactive changes without consent are legally problematic and should be documented or contested.
- Who do I contact about a dispute over the deposit?
- First clarify in writing with the landlord, then possibly contact the competent local court or seek legal advice.
How-To
- Photos: Photograph all rooms systematically from left to right and save files with the date.
- Protocol: Note defects, meter readings and names, have all parties sign.
- Dispatch: Send a copy by registered mail or email and keep proof of dispatch.
- Clarify questions: Contact the local court or legal bodies if no agreement is reached.[2]
