How long should I keep photos and the Übergabeprotokoll?

Which deadline applies to your photos and Übergabeprotokoll (handover record), and why the move-in record matters for so long.

BildProof RedaktionUpdated 9/30/20263 min readGermany
In short

Keep your photos and the Übergabeprotokoll until you have your full Kaution (deposit) back and six months have passed since you returned the flat (§ 548 BGB). You need the record from move-in for the whole tenancy, even if the tenancy lasts decades.

What to keep and for how long

You need some records until you have the Kaution back, and others for the whole tenancy.

  1. 1

    Einzugsprotokoll and move-in photos

    Keep the Einzugsprotokoll (move-in record) and your move-in photos for the whole tenancy and until everything is settled after you move out.

  2. 2

    Proof that you paid the Kaution

    Keep the bank transfer or the receipt until you have the full Kaution back.

  3. 3

    Your defect notices

    Keep what you reported during the tenancy for the whole tenancy.

  4. 4

    Übergabeprotokoll and move-out photos

    Keep them at least until you have the full Kaution back and six months have passed since you returned the flat.

  5. 5

    The receipt for your keys

    The key receipt proves the day you returned the flat. The six months run from that day.

  6. 6

    If a dispute is going on

    Do not throw anything away until the dispute is settled.

Why this matters

The landlord's damage claims expire six months after you return the flat (§ 548 Abs. 1 BGB). In some cases, the landlord can still offset them against the Kaution after that (§ 215 BGB). And the condition at move-in can decide a deduction even decades later.

General information, not legal advice.

Frequently asked questions

Can I delete the photos after six months?

You can only delete the photos once you also have the full Kaution back. According to the Federal Court of Justice, the landlord can in some cases still offset expired damage claims against the Kaution.

How long do I need to keep my move-in record?

You need the move-in record for the whole tenancy and until everything is settled after you move out. When you move out, the condition of the flat is compared with the condition at move-in, even if you moved in decades ago.

Is it enough to leave the photos on my phone?

A copy in a second place is safer than photos that are only on your phone. Sort the copy by room and date it. Single photos are easily lost when you change phones, or buried in a full album.

More on this

Also in this topic: Who pays for an expert at the flat handover?No Übergabeprotokoll at move-in: what tenants can do nowDamage found after moving in: is there a deadline?All guides: Handover & viewings

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