Who pays for an expert at the flat handover?
Who pays for a private expert, who pays for a court-appointed one, and why handover day itself counts.
Whoever hires a private expert pays for that expert first, and can only get the costs back if the claim succeeds. A court-appointed expert comes through the independent evidence procedure (§ 485 ZPO). The side that applies for it pays the costs in advance.
Which expert, and who pays?
You can get an expert report in two ways. Either way, the side that chooses it pays first.
- 1
The landlord's private expert
The landlord pays for this expert. The landlord can only get the costs back if their claim succeeds.
- 2
Your own private expert
You pay for this expert. You only get the costs back if your side of the dispute wins and the report was needed for it.
- 3
A court-appointed expert
In the independent evidence procedure, the court appoints an expert (§ 485 ZPO). The side that applies pays the costs in advance.
- 4
Who pays in the end
Whoever loses the main court case pays the other side's necessary costs (§ 91 ZPO).
- 5
Get the report in time
A report only helps while the flat is still in the condition it was in on handover day.
- 6
Be there when the expert visits
Go to the expert's appointment and note what they look at.
Why this matters
An expert can only assess what they see on the day of their visit. The condition of the flat at move-in and on handover day decides whether damage happened during your tenancy.
General information, not legal advice.
Frequently asked questions
Do I have to pay for the landlord's expert?
You do not have to pay for the landlord's expert up front. You can only end up paying the costs if the landlord's claim succeeds and the report was needed for it. If the claim fails, the landlord pays for their own expert.
Do I have to let the expert into the flat?
While you still live in the flat, the same rules apply to an expert as to any other visit: the landlord needs a specific reason and must give you notice in good time. After you return the flat, the landlord decides who enters it.
Is an expert report still useful months after the handover?
A report months after the handover is often of little use. If the flat has been renovated or the next tenant has moved in, the expert can no longer establish the condition on handover day. Then what counts is what was recorded on that day.
Also in this topic: No Übergabeprotokoll at move-in: what tenants can do nowDamage found after moving in: is there a deadline?Scratches in the parquet at move-out: what tenants paySmoking in a rented flat: what you pay at move-outAll guides: Handover & viewings
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