Move-in Übergabeprotokoll: recording the flat's condition in full
What to put in the move-in Übergabeprotokoll (handover record), so you can show at move-out what the flat looked like on day one.
When a tenant moves in, record every room in full, describe existing marks precisely and have both sides sign. Keep the record and photos with the flat, not in a private folder.
What goes into the move-in record?
A good move-in record describes the whole flat, not only the spots that stand out. Only then can you compare the flat's condition at move-out.
- 1
Every room, top to bottom
Record the floor, walls, ceiling, doors, windows, bathroom fittings and built-ins in every room, even where nothing is wrong.
- 2
Each existing mark on its own
Describe each finding separately with its place, size and kind, for example “scratch in the parquet by the window, about 10 cm”.
- 3
The meter readings
Write down the readings for electricity, gas, water and heating on handover day.
- 4
Every key you hand over
List all the keys the tenant gets, counted by type.
- 5
Renovated or unrenovated
Note whether you hand over the flat renovated or unrenovated.
- 6
Both sides sign
You and the tenant both sign the record, and each of you keeps a copy.
Why this matters
Under § 538 BGB, the tenant is not liable for normal wear. To withhold money from the Kaution (deposit) under § 551 BGB, you must prove that damage beyond normal wear happened during the tenancy. For that, you need a record of the flat's condition at move-in.
General information, not legal advice.
Frequently asked questions
Is a move-in Übergabeprotokoll required by law?
No law requires a move-in Übergabeprotokoll. A duty to make one can only come from the lease. In a dispute it is still your most important proof of the flat's condition at move-in.
What belongs in a move-in record?
A move-in record lists the date, the place, the names of both sides, the meter readings, the keys and the condition room by room. Describe every existing finding on its own, with a photo. Both sides sign at the end.
Can I deduct something at move-out that is already in the move-in record?
No, you cannot deduct anything that is already listed in the move-in record, because it was there before the tenant moved in. Describe existing marks precisely, so that new damage clearly stands out from them.
Also in this topic: Übergabeprotokoll in court: what does it prove for landlords?Übergabeprotokoll template for landlordsPower of attorney for a flat handover: template for landlords in Germany
Is a new tenant about to move in?
Walk through every room before you hand over the keys and record the condition in full. BildProof guides you through the flat and creates a structured condition report you can share with your tenant.
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