Weekend Key Return: Tenants in Germany

Many tenants in Germany wonder how weekend key return is regulated legally and practically, for example when moving out or in emergencies. This text explains in plain language for tenants which rights and duties apply, which deadlines must be observed and how to record a secure handover. We name relevant sections in the BGB, which authorities are responsible in case of disputes and which official forms can be helpful. The tips are practical: schedule appointments, use a handover protocol, arrange spare keys and document communication with the landlord. We also explain when a third party may hand over, how damage assessments are made and when the local court is competent.

What applies legally?

The Civil Code (BGB) generally regulates the duties of landlord and tenant, for example regarding the return of the leased property and proper use^[1]. In disputes about return or lost keys, the local court (Amtsgericht) is often competent; procedural questions are governed by the Code of Civil Procedure (ZPO)^[2].

Practical steps for handing over keys

Plan the handover so that condition and keys are clearly documented. Use a handover protocol, record meter readings and arrange spare keys.

• Schedule an appointment with the landlord or property manager and confirm the time
• Create a handover protocol, record the condition in writing and take photos
• Note meter readings for heating, electricity and water and record them in the protocol
• Arrange spare keys and record the number of returned keys in the protocol
• Name witnesses or briefly confirm the handover by e-mail
• Document damage reports and prepare claims regarding the security deposit

Who may hand over keys?

The key handover can be done personally or by an authorized person. A written power of attorney helps to avoid misunderstandings. In case of disputes over authorization or return, the local court can be involved^[2]. Document who received the keys if in doubt.

Forms and deadlines

Important templates and rules include:

• Termination letter (template from the Federal Ministry of Justice as orientation), used for formal termination of the tenancy
• Handover protocol (no statutory standard form, but binding when signed), serves as evidence in deposit disputes
• Eviction claim under the ZPO (in case of refusal to return the apartment); court proceedings then apply

FAQ

Do I have to hand over the keys in person when moving out?

No, you can send an authorized person, ideally with a simple written power of attorney and a copy of the authorized person's ID.

What happens if keys are lost?

Inform the landlord immediately, document the loss and clarify replacement or change costs; liability issues depend on the contract and the BGB provisions^[1].

What deadlines apply to return?

Return usually takes place at the end of the tenancy or at the agreed handover appointment; there are no statutory deadlines for the handover itself, but there are for terminations under the BGB.

How-To

1. Schedule the handover and confirm the time
2. Prepare the handover protocol, document condition and number of keys
3. Hand over keys in person or via an authorized person and have receipt acknowledged
4. Keep copies of the protocol and secure photos
5. Follow up on the security deposit settlement and observe deadlines for objections

Help and Support

• Laws: BGB §535 – Gesetze im Internet
• Federal Ministry of Justice (information and templates)
• Federal Court of Justice (case law)

1. [1] BGB §535 – Gesetze im Internet
2. [2] ZPO – Code of Civil Procedure
3. [3] Federal Court of Justice – Decisions and Press