Tenant Rights: Key Management in Shared Flats, Germany

As a tenant in Germany, it is important to clearly document the management and transfer of apartment keys in shared flats. This guide explains how flatmates record key handovers, loans and returns in writing, which pieces of evidence help in disputes over landlord access, and how to prepare formal defect notices or terminations. We explain practical protocols, photos and timestamps, cite relevant provisions in the BGB^[1] and show when the local court may have jurisdiction^[3]. The language is deliberately simple so that non-lawyers can understand what to do to protect rights, respect data protection and avoid unclear access agreements. At the end you will find a step-by-step guide, an FAQ with common questions and pointers to official forms and courts.

Why documentation matters

Disputes often arise in shared flats when keys are passed on or landlords request access. Without clear records it is difficult to prove who had access when, whether a key was lost, or who was authorized to enter rooms. Documentation protects tenants against unauthorized access, allows for clear assignment of damage or liability and is often a prerequisite for rent reductions, compensation or legal action.

What evidence helps

• Photos of key sets or locks with date and time
• Written key handover protocols or short emails as proof
• Chat histories, SMS or messenger messages documenting handovers
• Date and time stamps on handovers or returns
• Witness statements from third parties or flatmates confirming handovers

How to document key handovers

A simple handover protocol is often sufficient: date, time, name of the handing and receiving person, reason (e.g. spare key, visit, return) and signatures of all involved. Supplement the protocol with a photo of the key set and keep digital copies. Create templates as forms for regular use in the flat.

• Template: "Key Handover Form" with date, names, reason, signatures
• Photo evidence: photo of the key set immediately upon handover
• Timestamp: record exact time and date for every handover
• Witnesses: if possible, have a third person sign as witness

Forms and official documents

Relevant official documents can include a written defect notice, a termination letter in accordance with the BGB and, if necessary, claim forms for the local court. The ZPO governs court procedures^[2]. Use templates as a guide but ensure completeness: date, addressees, factual description and clear demands (e.g. return of key, compensation).

When the landlord requests access

Landlords have the right to access under certain circumstances (e.g. meter readings or danger), but usually must announce it and allow reasonable notice. Request written notice and document every meeting. If access is unclear or seems unlawful, record the situation in writing and gather evidence; for serious disputes the local court may be competent^[3] and the ZPO regulates proceedings^[2].

How-To

1. Step 1: Immediately fill out a key handover form with date, time and signatures.
2. Step 2: Take photos (keys, doors, any damage) and secure them digitally.
3. Step 3: Save important messages as PDFs or take screenshots with timestamps.
4. Step 4: Name witnesses in writing or ask flatmates for written confirmation.
5. Step 5: In case of dispute: check deadlines, prepare possible court action and contact the competent local court.

Sample handover

Example protocol: "On 10/06/2025 at 18:30 Anna M. hands the apartment key to Ben K. due to spare key need. Both sign. Photo of the key set attached." Such clear, dated entries are easy to follow in court.

FAQ

Short-term key lending: Do I have to document it?

Yes. Even short-term loans should be documented in writing or by message so it is clear who had access.

What do I do if a key is lost in the flat?

Inform the landlord immediately, document the loss and, if necessary, arrange for lock replacement; keep all cost receipts.

Can the landlord enter the flat without notice?

Generally no. Landlords usually must announce visits and give a legitimate reason; exceptions may apply in emergencies.

Help and Support / Resources

• BGB §535 ff. — Gesetze im Internet
• ZPO — Gesetze im Internet
• Bundesgerichtshof (BGH) — Official site

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Bundesgerichtshof (BGH) — Official website