Einzugsprotokoll: Documenting Your Flat at Move-In (2026)
Einzugsprotokoll: Documenting Your Flat at Move-In
It records the initial condition, and decides your deposit years later.
You are not liable for normal wear and tear (§ 538 BGB), but without a recorded initial condition the previous tenant's damage can be laid at your door at move-out and taken off your deposit.
§§ 535, 538 BGBIn 60 seconds
The move-in record sets down the flat's condition at the start of the tenancy: existing defects, meter readings and the key count, made jointly and signed by both.
Only a documented initial condition proves that a scratch, a stain or water damage was there before you. Without it, "it was already like that" quickly becomes "the tenant caused it".
Meter readings not taken lead to arguments over the first Nebenkostenabrechnung: at worst you pay the previous tenant's consumption.
To resist a Schönheitsreparaturen clause on the ground that the flat was handed over unrenovated, you must prove it: the BGH confirmed this in 2024. Without a move-in record that proof almost never succeeds.
German tenancy law draws no distinction by nationality: §§ 535 ff. BGB apply equally to EU citizens, non-EU expats and Germans.
What the law says
During the tenancy you may use the flat as the contract provides (§ 535 BGB). The normal wear that arises is covered by the rent; you do not have to pay for it (§ 538 BGB). You can only be liable for genuine damage beyond that, and it is exactly that which the move-in record separates from the initial condition.
What was already there, what is wear, what is damage
| Already there at move-in, record it! | Normal wear, no liability | Genuine damage: possible liability |
|---|---|---|
| Scratches in the parquet from the previous tenant | Light tracks in the floor | Deep gouges, splintered parquet |
| Marks on a wall or carpet | Wall paint faded over years | Large, unremovable stains |
| Existing drill holes | Drill holes in usual numbers | Excessive or badly drilled holes |
| A cracked tile, a dripping tap | Limescale on taps | Broken tiles, damaged sanitary ware |
New to Germany? The same rights, the same evidence
A move-in record protects a newcomer especially, because you do not know the previous tenant and are more easily held to account for someone else's damage. Two practical points: the German wording of the record is what binds legally. Have every item explained to you before you sign. And a landlord may not treat you worse because of your origin (§ 19 AGG).
Report serious defects separately as a Mangelanzeige. For documents, deposit and registration, see Renting a flat as a foreigner.
What it means for each side
- Never sign a record listing damage you did not cause.
- If you disagree with an item, have it struck out or note your objection: before signing, not after.
- Take a dated photo of every defect and keep a copy of the signed record.
- Report serious defects separately in writing as a Mangelanzeige.
- Record every existing defect; what is missing exonerates nobody later.
- Read the meters together.
- Describe concretely: room, location, kind, extent.
- Hand the tenant a signed version.
Common mistakes
You then have no initial condition to point to at move-out.
What is not in the record counts later as not having existed.
A signature once given is very hard to undo, better to add to it or note an objection.
In a dispute you lack your most important document. And without a move-out record there is no comparison at the end to protect the deposit.
What to do next
Enter the date, the place and the names of everyone present.
Read the electricity, gas and water meters together and write them down.
Describe every existing defect room by room, concretely, not "wall damaged" but "living room, left wall, crack approx. 20 cm above the socket". Do it with BildProof, about two minutes a room →
Count the keys by type, take dated photos, have both sides sign, and keep a copy.
Frequently asked questions
What is an Einzugsprotokoll and is it mandatory?
The Einzugsprotokoll (move-in inspection record, also called an Übergabeprotokoll at move-in) sets out the condition of the flat at the start of the tenancy. There is no legal obligation to create one, but it is your most important evidence in any later dispute over the Kaution (security deposit). It only has evidential value if both sides sign it; without signatures it is worth almost nothing.
What happens if I move in without a record?
Without an Einzugsprotokoll, move-out often becomes one word against another. Damage caused by the previous tenant can be blamed on you and deducted from your Kaution. You are not liable for normal wear under § 538 BGB, and the landlord bears the burden of proof for genuine damage, but without a documented starting condition you have no counter-evidence. And if you want to escape a renovation clause because the flat was handed over unrenovated, you yourself must prove that (BGH 2024), which is almost impossible without a move-in record.
What goes into the Einzugsprotokoll?
The date and the names of those present, the meter readings for electricity, gas and water, every existing defect described concretely room by room, the number of keys handed over by type, and the signatures of both parties. Add a dated photo of each defect and keep a copy of the signed record.
Do I need an Einzugsprotokoll as a foreigner?
German tenancy law (§§ 535 ff. BGB) applies equally to every tenant regardless of nationality. A move-in record is just as sensible and protective for a newcomer as for any German tenant. The German wording of the record is the legally decisive version, so have any unclear points explained to you before you sign.
How long can the landlord claim for damage after I move out?
The landlord's claims for changes or deterioration of the flat lapse after six months (§ 548 Abs. 1 BGB). The period starts once the landlord gets the flat back. A clean move-in and move-out record helps you fend off unjustified claims within that window.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.