Checklist for handing over an apartment to tenants: How to legally protect yourself as a landlord
Do you have an upcoming apartment handover? An incomplete report can quickly cost you several thousand euros. With our checklist for the apartment handover to the tenant, you can protect yourself from the most common and costly mistakes.
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The topic briefly and concisely
A detailed handover record is the most important piece of evidence for enforcing claims for damages after a tenant moves out.
The landlord bears the burden of proof for any damage caused by the tenant; they must accept normal wear and tear.
Clauses concerning cosmetic repairs are often ineffective; a renovation obligation only exists under strict conditions defined by the Federal Court of Justice.
The return of a rental apartment is a critical moment that often leads to disagreements. Without a systematic approach, as a landlord, you risk being left with costs for damages or outstanding cosmetic repairs. A professional checklist for handing over the apartment to the tenant is therefore not a bureaucratic luxury but a crucial tool for evidence preservation. This guide leads you step by step through the process, ensuring that you meet all legal requirements under § 546 BGB and safeguard your financial interests.
The Key Points: Your Action Guide
Thorough preparation is the key to a smooth property handover. These points are crucial:
Record-keeping is essential: Always maintain a detailed handover protocol. It serves as crucial evidence in potential disputes later on.
Document condition precisely: Document the condition of each room, including all defects and meter readings, in writing and with photos.
Acknowledge key handover: Have the complete return of all keys – from the apartment door to the mailbox – confirmed in writing.
Know your rights and obligations: Not all wear and tear is damage. Understand the difference and know the current legislation on cosmetic repairs.
Observe deadlines: You have only six months after the return of the property to make claims for deterioration of the rental property (§ 548 BGB).
These fundamental steps form the foundation for a legally secure termination of the rental agreement.
The Foundation: Legal Basis of Apartment Return
At the end of the rental agreement, the tenant is legally obliged to return the rented property. This obligation is anchored in § 546 para. 1 of the German Civil Code (BGB) and forms the legal basis for the handover of the apartment. The tenant must completely vacate the apartment by the last day of the rental period and return possession to you as the landlord. If this day falls on a weekend or public holiday, the deadline is extended to the next working day. A common misconception is that a verbal agreement is sufficient. Without a written document recording the condition of the apartment, you have little evidence for any subsequent claims. Although the apartment handover protocol is not legally required, it is indispensable in practice. It protects both parties from unjustified accusations and establishes a clear factual basis. The question of whether renting is still worthwhile also depends on efficient management of such processes. Proper documentation is the first step to ensuring the profitability of your property.
The Heart: What Belongs in Every Handover Protocol
An incomplete record is almost as bad as no record at all. To be legally valid, your document must contain specific information. Remember: the more detailed the information, the lower the potential for conflict. A complete record should include the following points:
General data: Names and addresses of tenant and landlord, address of the property as well as date and time of handover.
Condition report for each room: Go room by room and note the condition of walls, ceilings, floors, windows, and doors. Are there scratches on the parquet, stains on the wall, or drill holes?
Inspection of installations: Do all light switches, sockets, taps, and the heating work? Note any discrepancies found.
Meter readings: Read the meters for electricity, water, and heating together and record the meter numbers and readings. This is crucial for an accurate utility billing.
Key inventory: List the type and number of all keys handed over (apartment, front door, cellar, postbox, etc.) precisely.
Agreements: Record what defects the tenant still needs to rectify and by when.
Never underestimate the impact of photos. A visual documentation of all defects, ideally with a date stamp, perfectly complements the written record and increases its evidential value. The precise recording of the property's condition is also an important data basis for the long-term calculation of your rental yield.
Wear and Tear vs. Damage: Who Pays for What?
One of the most common disputes is the distinction between normal wear and tear and damage for which compensation is required. Generally, traces caused by contractual use over the years must be accepted by you as a landlord. These include, for example, slight scratches in the paintwork of doors or walls discoloured by exposure to light. It is different with damage resulting from improper handling. The burden of proof for damage caused by the tenant lies with you as the landlord. Here are some examples to distinguish:
Normal wear and tear (landlord's responsibility): Traffic marks on the carpet, yellowed wallpaper, dowel holes in a usual scope (approx. 2-3 per sqm).
Genuine damages (tenant's responsibility): Burn marks on the flooring, red wine stains on the carpet, broken tiles, door frames scratched by pets.
If damage is detected, you should give the tenant a reasonable period to rectify it. If the tenant fails to do this, you can arrange for repairs yourself and offset the cost against the deposit. In case of uncertainties about the extent of the damage, a neutral assessment can help. The Auctoa ImmoGPT-Chat can provide you with an initial, data-driven estimate of possible repair costs. This ensures that your demands are fair and in line with the market.
Pitfall of Cosmetic Repairs: What Your Lease Agreement Really Permits
Few topics create more legal uncertainty than cosmetic repairs. Many clauses anchored in rental contracts are invalid according to current rulings by the Federal Court of Justice (BGH). A tenant's obligation to renovate only exists if three conditions are simultaneously fulfilled: the clause in the rental contract is valid, the apartment was handed over renovated, and there is an actual need for renovation. Rigid deadline plans (e.g., "paint the kitchen every 3 years") are generally invalid. Clauses that oblige the tenant to perform work beyond the usual scope (wallpapering, painting walls, ceilings, radiators, interior doors) are also invalid. If the tenant has taken over an unrenovated apartment without an appropriate financial adjustment, they usually do not have to renovate when moving out. Therefore, clarify in advance exactly what obligations you have as a landlord. A false claim can not only lead to disputes but also nullify your entitlements.
After Handover: Deposit Settlement and Hidden Defects
The process is not yet complete with the handover of the keys. Now begins the period for the repayment of the rental deposit. The legislation provides for an "appropriate" period of examination and consideration, which usually lasts between three and six months. You may use this time to inspect the apartment for hidden defects and prepare the final operating cost statement. A condition signed off as "free of defects" in the protocol does not exclude later claims for defects not detectable at the handover. If, for example, you discover a large water damage only after moving the furniture, you can still hold the tenant responsible afterwards, provided you can prove fraudulent concealment. You may withhold a reasonable portion of the deposit for operating costs until the statement is available. This is often 20-30% of an expected additional payment. Transparent and prompt processing strengthens the trust relationship and prevents unnecessary inquiries. A precise calculation of the profitability of your rental, including such items, can be carried out with our Landlord Profitability Calculator.
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A systematic handover of the property with a detailed checklist is your strongest protection as a landlord. It significantly reduces the risk of financial losses and lengthy legal disputes. The 30 to 60 minutes you invest in a clear handover protocol create indisputable evidence and ensure clarity. Consider the property handover not as a bothersome duty, but as a strategic tool to safeguard your real estate assets. A professional process is the best guarantee for a peaceful conclusion of a tenancy.
Additional useful links
Gesetze im Internet provides the full legal text of § 546 BGB, which governs the tenant's obligation to return the property.
Gesetze im Internet offers the legal text of § 535 BGB, defining the main obligations and content of the rental agreement.
The Statistische Bundesamt provides comprehensive statistics and information on housing in Germany.
The Statistische Bundesamt offers a detailed table on rents and household net income in Germany.
The Deutsche Mieterbund provides a sample handover protocol in PDF format for apartments.
The Deutsche Mieterbund offers useful checks and forms related to the rental agreement.
Haus & Grund Deutschland provides information on the apartment handover protocol and offers its own sample.
FAQ
Is a handover protocol for apartments legally required?
No, there is no legal obligation to create a handover protocol. However, it serves as the most important evidence for documenting the condition of the apartment at handover and avoiding future disputes. Without a protocol, it is very difficult for landlords to enforce claims.
What does 'besenrein' mean?
The term 'besenrein' means that the apartment must be free from coarse dirt. This includes sweeping or vacuuming the floors and removing cobwebs. A thorough final cleaning is not implied unless otherwise effectively agreed in the rental contract.
What happens if the tenant does not show up for the handover of the apartment?
If the tenant does not appear, you should document and photograph the condition of the apartment in detail in the presence of a neutral witness (e.g., a neighbour, property manager). Do not simply drop the keys in the mailbox, as you need to prove access. Legally, the tenant falls into acceptance default.
Am I allowed as a landlord to withhold part of the deposit for the utility bill?
Yes, you may withhold a reasonable portion of the deposit if the last operating costs statement is still outstanding and a payment is expected. The amount withheld should be based on the statements from previous years.
Who is responsible for removing drill holes during the apartment handover?
Holes from dowels in a standard frame are considered normal contractual use. The tenant usually only needs to seal these if there is a valid clause concerning cosmetic repairs. However, an excessive number of drill holes can be deemed as damage that the tenant must rectify.
What can I do if I discover a hidden defect after the handover?
If you discover a defect that was not visible at the time of handover (e.g., behind a cupboard), you can hold the tenant liable afterwards. However, you must prove that the damage occurred during their tenancy and that they fraudulently concealed it, which is often difficult in practice.
