Move-in handover: the Übergabeprotokoll for landlords (2026)
Move-in handover: the Übergabeprotokoll for landlords
Not required by law, but without a signed move-in record the full burden of proof is yours.
Record the meter readings for electricity, gas and water, every existing defect with a photo, the number of keys handed over by type, and the condition room by room, then have both sides sign.
§§ 538, 551 BGBIn 60 seconds
A handover record at move-in is not required by law, but it is your most important piece of evidence.
The burden of proving the condition of the flat at handover lies with you as landlord.
The tenant is not liable for changes through contractual use (§ 538 BGB). You may only withhold for genuine damage that arose during the tenancy.
Only the move-in record supplies that comparison: it evidences the condition the flat was handed over in.
Anything missing from the move-in record counts later as having been handed over defect-free.
What the law says
The law imposes no duty to make a handover record. § 538 BGB exempts the tenant from liability for changes through contractual use; to withhold from the deposit under § 551 BGB you must prove that there is genuine damage, that it exceeds normal wear, and that it arose during the tenancy.
Move-in record and move-out record
Only the two together give you the comparison a deposit deduction can legally rest on.
| At move-in | At move-out | |
|---|---|---|
| Purpose | record the initial condition | establish what changed |
| Meter readings | capture opening values | capture closing values |
| Defects | note existing ones (they exonerate the tenant) | note new ones (the basis for a deduction) |
| Keys | document what was issued | check what came back |
| Evidential value | evidences the initial condition | evidences the final condition |
The move-in record is the half most landlords forget, and without it, move-out proves nothing.
For the general structure and the move-out handover, see The handover record for landlords. For where the line between wear and damage falls, see Wear or damage.
What it means for each side
- Insist that every existing defect is entered individually: it protects you later.
- Read the meters together and check the values written down.
- Have the number of keys recorded by type.
- Take a signed copy with you.
- Do the move-in record even when the handover is friendly.
- Describe defects concretely: location, kind, extent, not "scratch in the living room".
- Photograph every room and every defect, dated.
- Get both signatures; a one-sided record has little evidential value.
Common mistakes
At move-out there is no yardstick to compare against, and the claim fails on the burden of proof, even where the damage really is the tenant's.
You are guaranteed an argument about consumption and Nebenkosten.
"Scratch in the living room" instead of location, size and a photo is close to worthless in a dispute.
Replacement keys and lock costs cannot be attributed, and a one-sided record has little evidential value.
What to do next
Enter the date, the place and the names of both sides.
Read the electricity, gas and water meters together and write down the values.
Count the keys individually by type (flat, front door, cellar, letterbox, garage).
Record the condition room by room, walls, floors, windows, bathroom, kitchen, fitted units, and describe every existing defect concretely. Do it with BildProof, about two minutes a room →
Take dated photos of every room and every defect, and have both sides sign.
Frequently asked questions
Is a move-in Übergabeprotokoll required by law?
No. No law makes an Übergabeprotokoll at move-in mandatory, and its structure and content are not regulated. A duty can only arise from an explicit clause in the Mietvertrag (tenancy agreement). It is still strongly advisable: in a dispute it is the decisive piece of evidence for the flat's condition at move-in.
What belongs in a move-in record?
The date and place, the names of landlord and tenant, the Zählerstände for electricity, gas and water, the number of keys handed over by type, the room-by-room condition, and every existing Mangel, described individually and concretely, ideally with a photo. Both parties sign at the end.
What about defects I only discover at move-in?
Note every existing Mangel in the move-in record. What is noted as a defect there cannot later be charged to the tenant, and what is signed off as defect-free counts as handed over that way. Verdeckte Mängel (hidden defects) that were not visible at the appointment (e.g. mould behind a cupboard) can be reported by the tenant later.
Do I need photos at move-in?
Photos are not required but strongly advisable. Dated photos of each room and each Mangel make the move-in condition provable. At move-out they form the baseline for whether a defect arose newly during the tenancy.
Why does the move-in record decide the Kaution?
Because at move-out you must prove that damage goes beyond normal wear and arose during the tenancy (§ 538 BGB). Only the comparison between move-in and move-out condition supplies that proof. Without a move-in record you cannot show a defect is new, and a deduction from the Kaution (§ 551 BGB) fails on the Beweislast.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.