Power of attorney for the flat handover: a template for landlords

How to send someone to take the flat back without them giving away your claims.

BildProof RedaktionUpdated 10/1/20263 min readGermany
In short

If someone else takes the flat back for you, write a power of attorney that allows this and clearly lists what they cannot do. Have them record every finding, and record the move-in yourself.

How to fill in the power of attorney

The more precisely you state the powers and the limits, the safer your Kaution (deposit) settlement is.

  1. 1

    You and the person you send

    Enter your name and address, and the person's name and ID number.

  2. 2

    The flat and the date

    Enter the address and position of the flat, the tenant's name and the handover date.

  3. 3

    What the person can do

    Tick only what the person should really do.

  4. 4

    What the person cannot do

    The person cannot confirm a return without findings, waive claims or release the Kaution.

  5. 5

    Every finding gets written down

    The person records what they see. You judge it later.

  6. 6

    Sign and attach your ID

    Add the date and your signature, and attach a copy of your ID.

Template: power of attorney for the flat handover (landlord)

Fill in the blanks, tick what applies and give the person the signed original. If your tenant reads only German, use the German version on our German page.

Template
Power of attorney for taking back a rented flat

Principal (landlord):
Name: ________
Address: ________

Authorised person:
Name: ________
Date of birth: ________
ID (type and number): ________
Address: ________

Flat: ________ (address, floor, position)
Tenant: ________
Lease dated: ________

I authorise the person named above to represent me towards the tenant or the tenant's representative at the return of the flat on ________ (date). This power of attorney covers (tick what applies):

☐ taking back the flat and all keys (number: ________)
☐ carrying out the joint walk-through of the flat
☐ recording the condition room by room, including with photos
☐ signing the Übergabeprotokoll as a description of the condition
☐ reading the meters and recording them in the handover record
☐ receiving the tenant's new address and bank details

This power of attorney expressly does not cover:
confirming that the flat was returned without findings or in proper condition,
judging findings to be normal wear,
waiving claims or making a settlement,
releasing the Kaution or making promises about its amount,
accepting or making payments.
Further limits: ________

The authorised person records every finding in the handover record, with room and spot.

This power of attorney applies only to the return of this flat and ends on ________.

Place, date: ________

________ (principal's signature)

Enclosure:
Copy of my ID

This is a general template, not legal advice. Adapt it to your case. Send the tenant a copy in advance so they know the limits.

Why this matters

Whatever the person signs for you binds you (§ 164 BGB). A record without findings can cost you your claims. And without your own move-in record, you cannot show which damage happened during the tenancy.

General information, not legal advice.

Frequently asked questions

Can my Hausverwaltung (property management) do the handover for me?

Yes, your Hausverwaltung can do the handover if its power of attorney covers that. Set out there as well what it can declare about the Kaution and about claims.

Does the power of attorney need a notary?

No, the power of attorney does not need a notary. A written, signed power of attorney with a copy of your ID is enough.

What if the person signs a record without any findings?

If the person signs a record without findings, you can usually no longer claim for damage that was visible at the handover. That is why the person should write down every finding without judging it.

More on this

Also in this topic: Pre-inspection before move-out: a guide for landlords in GermanyOrganising a Wohnungsbesichtigung: landlord rulesWear or damage? What landlords may chargeProving damage with photos: what landlords need at handover

Can't be at the handover yourself?

Write a limited power of attorney and record the move-in yourself. BildProof guides you through the flat and creates a structured condition report you can compare with move-out.

Create your proof

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