Übergabeprotokoll at move-out: what to put in it
What to write in the Übergabeprotokoll (handover record) when a tenant moves out, so you can still rely on it later.
At move-out, record every room with every finding and add a sentence that reserves hidden defects. Both sides sign, each keeps a copy, and photos of every room are attached.
What goes into the move-out record?
The signed record binds both sides. As far as the record is concerned, anything not written down was fine.
- 1
Every room in full
Go through each room completely: walls, floors, doors, windows, bathroom and kitchen.
- 2
Every finding you see
Note each finding with its place and size, for example “scratch in the parquet, living room by the window, about 20 cm”.
- 3
Meters and keys
Write down all the meter readings and the number of keys the tenant returns.
- 4
Any list of agreed jobs
Check any list of jobs before you sign. The list usually counts as complete, so everything else you could see is settled.
- 5
A reservation for hidden defects
Add a sentence that keeps open any damage that could not be seen at the walk-through.
- 6
Signatures and photos
Both sides sign and each keeps a copy. Attach photos of every room.
Why this matters
Under § 538 BGB, the tenant is not responsible for wear caused by using the flat as the lease allows. You can only deduct for damage that goes beyond that wear, and the move-out record has to show the damage.
General information, not legal advice.
Frequently asked questions
Is an Übergabeprotokoll required by law?
No, the law does not require an Übergabeprotokoll, and its structure and content are up to you. Without a signed record, though, you have to prove the condition at handover some other way.
What if the tenant refuses to sign the record?
If the tenant does not sign, your record has little value as evidence. Document the condition with photos of every room, taken from the same spots at move-in and move-out, and bring a witness.
What is a reservation for hidden defects?
A reservation for hidden defects is a sentence in the record such as “Damage that could not be seen at the walk-through remains reserved.” It keeps open any damage that could not be seen at the walk-through. Still check the flat promptly, because damage claims expire six months after the flat is returned (§ 548 Abs. 1 BGB).
Also in this topic: Übergabeprotokoll template for landlordsPower of attorney for a flat handover: template for landlords in GermanyPre-inspection before move-out: a guide for landlords in Germany
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