Tenant Keys Handover for Index Rent in Germany

As a tenant in Germany, handing over the apartment keys under an index rent can later become important when proving return, inspection records or payment obligations. In this article I explain in practical terms which documents help, how photos and handover protocols are used, which deadlines and forms to observe and when a court or local court may need to be involved. The tips are written in plain language so you can understand which steps make sense without legal training, how to secure evidence and which authorities or courts are responsible. At the end you will find a step-by-step guide and official contact points for tenants. Read the step-by-step instructions below.

What is index rent and why does the keys handover matter?

With an index rent, the rent amount follows an index (e.g., consumer price index) rather than fixed steps. Changes in rent usually do not directly affect whether keys were returned properly. Still, the keys handover can become relevant later, for example in disputes about damage, return time or possession issues.^[1]

Important evidence for key handover

• Signed handover protocol with date, time and signatures of all parties.
• Photos or video recordings of the keys handover and the apartment condition.
• Names and contact details of witnesses if third parties were present.
• Receipt confirmation by registered mail or a signed acknowledgment from the landlord.
• Documentation of date and time (e.g., protocol timestamps, photo time stamps).

Forms, templates and practical examples

Key forms include a written handover protocol and, if needed, a signed receipt confirmation. A sample termination letter is useful when ending the tenancy; in practice: prepare the protocol, take photos, send a copy to the landlord and request confirmation of receipt. Example: if you hand over keys at 10:00 on the last rental day, record the time, the recipient's name and request a signature on the protocol.

What to do in a dispute: deadlines and courts

Respond promptly if the landlord demands compensation or claims keys were not handed over. Tenants should object in writing, present evidence and observe deadlines. In legal disputes, the local court (Amtsgericht) is typically the first instance; procedural rules follow the civil procedure code.^[2]

• Object in writing within a short deadline.
• If no agreement: file a claim or counterclaim at the competent local court.
• For monetary claims: keep payment records and bank statements ready.

FAQ

What counts as proof of a keys handover?

A signed handover protocol, dated photos with timestamps, witnesses and a receipt confirmation by registered mail are strong evidence.

How long should I keep documents?

Keep documents for at least three years; for ongoing claims, keep them until final resolution.

When should I involve a court?

If the landlord maintains claims despite objection and no settlement is possible, a claim at the local court may be necessary. Major precedent issues can reach the Federal Court of Justice.^[3]

How-To

1. Create a detailed handover protocol on the handover day and obtain signatures.
2. Take dated photos or videos of the key handover moment and the apartment condition.
3. Record witnesses and keep contact information.
4. Send a copy of the protocol to the landlord by registered mail and keep the receipt.
5. If disputed: object in writing, present evidence and prepare a claim at the local court if necessary.

Key Takeaways

• A signed handover protocol is often the most important evidence.
• Dates, times and photos significantly strengthen your proof.

Help and Support / Resources

• Civil Code (BGB) — Gesetze im Internet
• Code of Civil Procedure (ZPO) — Gesetze im Internet
• Federal Court of Justice (BGH) — Decisions

1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) — Decisions