Übergabeprotokoll for Landlords: document it right (2026)
Übergabeprotokoll for Landlords: document it right
Not required by law, but without a signed record the burden of proof is yours.
Record the meter readings, the key count, the rooms and every defect, photograph all of it and have both parties sign: once at move-in and once at move-out.
§§ 535, 538 BGBIn 60 seconds
A handover record is not required by law and no format is prescribed. It is still your most important piece of evidence.
When you hand the flat over, you owe it in contractual condition (§ 535 Abs. 1 BGB).
The tenant is not liable for changes through contractual use (§ 538 BGB). Tracks, small scratches or faded paint are not damage.
You may only withhold if you can prove there is genuine damage and that it arose during the tenancy.
Only a record supplies that comparison: move-in condition against move-out condition. Without the move-in record the claim fails on the burden of proof.
What the law says
Under § 535 Abs. 1 BGB you owe the tenant the flat in contractual condition. Under § 538 BGB the tenant is not answerable for changes or deterioration arising from contractual use. The law imposes no duty to make a handover record and prescribes no format for one.
Move-in and move-out, what differs
Only the two records 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 handover is covered in detail in Handover at move-in. What it is worth as evidence in court is in The handover record in court.
What it means for each side
- Insist that existing defects are entered individually.
- Read the meters together and cross-check the values.
- Ask for a signed copy.
- At move-out, check whether billed items are really just normal wear.
- Do the record twice: at move-in and at move-out.
- Describe every defect individually and concretely; no "various damage".
- Photograph every documented point, dated.
- Get both signatures.
Common mistakes
There is then no yardstick for move-out, and you lose the deposit dispute by default, even where the damage really is the tenant's.
"Scratch in the living room" instead of location, size and a photo.
You are guaranteed an argument about Nebenkosten, and replacement keys cannot be attributed.
That breaches § 538 BGB. And a record with only one signature has little evidential value.
What to do next
Enter the date, the place and the names of everyone present.
Read the electricity, gas and water meters together and cross-check them.
Count the keys individually by type and record the condition room by room. Do it with BildProof, about two minutes a room →
Describe every defect individually, attach dated photos and have both sides sign.
Frequently asked questions
Is an Übergabeprotokoll required by law?
No. No paragraph makes an Übergabeprotokoll mandatory, and its structure and content are not regulated by law. It is still strongly advisable: without a signed record, you as the landlord must prove the flat's condition at handover by other means, and you carry the full Beweislast for it.
What must go into an Übergabeprotokoll for a flat?
The date and place, the names of everyone present, the Zählerstände for electricity, gas and water, the number of keys handed over, and a precise description of every defect, ideally with photos. Both parties sign at the end.
Do I need a record at move-in AND move-out?
Yes, both. Only the comparison between the move-in and move-out record shows whether a defect arose during the tenancy. Without a move-in record you cannot prove a defect at move-out is new, and then you cannot deduct it from the Kaution.
Can I deduct normal wear from the Kaution?
No. The tenant is not liable for changes caused by contractually appropriate use (§ 538 BGB). That includes light wear tracks in carpet, small scratches in parquet, or faded wall paint. Only genuine damage that goes beyond normal wear may be deducted.
What if the tenant refuses to sign the record?
A one-sided record has little evidential value; its strength comes from both parties signing. If the tenant refuses, document the condition, Zählerstände and defects with dated photos and ideally a witness.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.