The property handover is a crucial step when moving into or out of a rental apartment in Germany. Careful documentation protects both tenant and landlord and can prevent later disputes over the deposit.
Handover report
A written handover report is generally drawn up at the property handover. This document records the exact condition of the apartment at the time of moving in or out. It should cover all rooms, walls, floors, windows, and doors, as well as any fixtures and appliances included with the apartment. Existing defects, scratches, or damage are noted in writing and ideally documented with photos. Both parties – tenant and landlord – sign the report, and each receives a copy.
While the report is not a legal requirement, it is strongly recommended. Without such a document, it is difficult to prove in a dispute which damage was already present before moving in.
The return of the deposit is not bound to a fixed legal deadline, but in practice a period of up to six months is considered reasonable. In some cases, it may be delayed until the next utility bill settlement.
Key handover
At the property handover, all keys are handed over including apartment keys, letterbox keys, cellar or garage keys, and where applicable a front door key. The exact number of keys handed over should be recorded in the report. Missing keys at the time of moving out can result in costs for the tenant, as the landlord may have the lock replaced.
Reading utility meters
When moving in and out, the current meter readings for electricity, gas, and where applicable water should be noted and recorded in the report. This is important for the correct billing of utility costs and prevents the new tenant from being charged for the previous tenant's consumption.
Photos as evidence
It is advisable to take several photos at the handover – both when moving in and when moving out. The images should include a date and time stamp, for example using the automatic timestamp function on a smartphone. This documentation can serve as evidence in a dispute, for example if the landlord wishes to withhold part of the deposit.
Cosmetic repairs
Whether and to what extent tenants are required to carry out cosmetic repairs when moving out such as painting walls or filling in drill holes depends on the tenancy agreement. Many such clauses are, however, legally unenforceable in Germany. When in doubt, it is worth checking the tenancy agreement carefully or seeking legal advice, for example from a tenants' association.
Important notes on the handover
Since the handover generally takes place in German, it can be helpful to bring along a German-speaking person for support. The report should also not be signed until all defects have been recorded. Making changes after the fact is difficult to enforce. A well-documented property handover protects against unnecessary costs and misunderstandings and is therefore an important step toward a smooth start in Germany.
