Tenant: Secure Clean Handover in Germany

As a tenant in Germany, you should prepare the apartment handover carefully: document evidence, note defects, and respect deadlines so your deposit and rights remain protected. This guide explains in plain language the steps important for a clean handover, how to correctly create photos and handover protocols, and which authorities or courts are responsible in case of disputes. You receive concrete action steps, template guidance, and links to official legal foundations so you can clearly prove your claims and avoid unnecessary litigation.

Preparation before the handover

Walk through the apartment in good time and check the following points. Note all defects, create photo documentation and compare the condition with the move-in protocol. Arrange a joint appointment with the landlord or property management and confirm the time in writing by e-mail.

What tenants should pay special attention to

• Photos: Photograph walls, floors, sanitary areas and meter readings as evidence.
• Protocol: Insist on a handover protocol signed by both parties.
• Defects: Record existing damages and note whether they were present at move-in.
• Keys: Clarify how many keys are to be returned and document the return.

In case of dispute: rights, deadlines and procedures

If the landlord withholds the deposit or disputes the condition, observe deadlines and present evidence in an orderly way. Tenancy duties and termination rules are found in the Civil Code (BGB) and procedural rules in the Code of Civil Procedure (ZPO). In tenancy disputes, the local court (Amtsgericht) is often responsible; appeals may go to the Regional Court or the Federal Court of Justice.^[1][2][3]

Forms and templates

Use official templates where available, for example for termination letters or handover protocols. A correctly completed protocol protects your deposit claims; for legal steps, present all receipts and photos.

Common mistakes to avoid

• No protocol: Handovers without written protocol are hard to prove later.
• Incomplete photos: Missing dates or poor images reduce evidentiary value.
• Ignoring communication: Written confirmations by e-mail are important.

Frequently Asked Questions

What exactly does "besenrein" mean?

"Besenrein" means the apartment is free of coarse dirt; it generally includes sweeping and removing large impurities, but not professional deep cleaning.

How long can the landlord keep the deposit?

The landlord may keep the deposit only as long as necessary to review justified claims for repairs or costs; in practice this usually takes a few months and delays must be justified.

What if the landlord refuses to sign the protocol?

Create your own protocol with photos and witness statements, send it by e-mail and request an acknowledgement of receipt. If necessary, seek legal or tenant advice.

How-To

1. Documentation: Take photos of every room and save them in chronological order.
2. Create protocol: Keep a handover protocol with date, defects and signatures of both parties.
3. Key return: Count and document returned keys and have this confirmed in writing.
4. Observe deadlines: Respond to demands and set a deadline for deposit repayment if necessary.
5. Court action: In case of dispute contact the responsible local court or obtain legal advice.

Help and Support / Resources

• Official justice information and service forms
• Laws on the internet (BGB, ZPO)
• Federal Court of Justice (BGH) decisions

1. [1] Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) — bundesgerichtshof.de
4. [4] Court and administrative forms — justiz.de