Handover Protocol: Tips for Tenants in Germany

When doing a long-distance move, the handover protocol is especially important for tenants in Germany: it records the apartment condition at move-in or move-out and can prevent disputes over damages or deposit deductions. Many tenants make simple mistakes such as incomplete descriptions, missing photos, or signing protocols without noting changes. This guide explains in clear steps how to document defects correctly, which forms and deadlines are relevant, which pieces of evidence help, and how to involve the local court if there is a dispute. We also show which deadlines under the BGB apply and how to combine photos, witnesses and written correspondence effectively.

Common mistakes in the handover protocol

• Incomplete descriptions or missing photos (photo) can cause later evidentiary problems.
• No date or time in the protocol (time) makes it harder to prove the handover moment.
• Signing the protocol without recording changes or reservations (form).
• No documentation of deposit agreements or billing (deposit) leads to disputes about deductions.
• Not recording meter readings or an inventory list (record) which encourages later service charge disputes.

What belongs in the protocol?

• Date and time of handover (time), ideally with both signatures.
• Complete defect description and affected rooms (record), including visible damages.
• Photos and videos of defects (photo) with date and short labels.
• Record meter readings and key handover (record).
• Signatures of tenant and landlord and, if applicable, witnesses (form).
• Note which keys were returned (move-out).

Forms, deadlines and relevant legal bases

For legal assessment of defects and termination deadlines, the German Civil Code (BGB) provisions on tenancy duties and defects are central ^[1]. For court actions, the procedural rules of the Code of Civil Procedure (ZPO) apply ^[2]. As a tenant, you should observe deadlines for defect complaints and formal requirements and secure evidence immediately.

Practical evidence preservation tips

• Take dated photos (photo) and store original files securely.
• Keep a short written chronology of all contacts with the landlord (record).
• Note phone calls with date, time and content (call) as supplementary records.

If a dispute arises: court procedures and contacts

Many tenancy disputes are decided first at the local court (Amtsgericht); there can be claims on rent reduction, termination or eviction. Procedural rules are often found in the ZPO, and higher-instance case law from the Federal Court of Justice can be relevant ^[2][4]. If you file or face a claim, check deadlines, evidence and whether legal representation is advisable. The competent court is determined by the location of the rented property; usually the local Amtsgericht is responsible ^[3].

FAQ

What must be in the handover protocol?

Date, time, detailed defect descriptions, meter readings, key return, photos and signatures of all parties are recommended.

Can the landlord charge me for something not listed in the protocol?

Yes, but without evidence it is more difficult for the landlord. A correct protocol signed by both parties significantly strengthens your position.

How long should I keep evidence like photos and messages?

Keep evidence at least until all settlements are finished and about two years thereafter; in special cases longer periods may apply.

How-To

1. Prepare: create a checklist, have a camera ready and review previous handover protocols (record).
2. Schedule the appointment: confirm date and time in writing (time).
3. Capture photos & meter readings: photograph rooms systematically and note meters (photo).
4. Fill out the protocol: describe defects precisely, list items and have both parties sign (form).
5. Secure documents: save copies, photos, emails and record witnesses (call).
6. If disputed: check deadlines and consider informing the local court or seeking legal advice (court).

Help and Support

• Gesetze im Internet (BGB) – German Civil Code
• Gesetze im Internet (ZPO) – Code of Civil Procedure
• Federal Ministry of Justice (BMJ) – Courts information

1. [1] Gesetze im Internet - BGB
2. [2] Gesetze im Internet - ZPO
3. [3] Bundesministerium der Justiz - Gerichtsbarkeit
4. [4] Bundesgerichtshof - Decisions