No Übergabeprotokoll at move-in: what tenants can do now

Who has to prove what without an Übergabeprotokoll (handover record), and how to record the flat's condition even weeks after you move in.

BildProof RedaktionUpdated 10/1/20263 min readGermany
In short

An Übergabeprotokoll is not compulsory. The landlord has to prove damage, but you have to prove that the flat was handed over unrenovated. Record the condition now and gather whatever still exists from when you moved in.

What to gather now

The more of these six things you have, the better you can show what the flat looked like at move-in.

  1. 1

    Photos from today

    Photograph every room in full: walls, floor, ceiling, doors, windows, bathroom and kitchen.

  2. 2

    A dated list

    Write down what was already there at move-in, with the room and the exact spot.

  3. 3

    Old photos and videos

    Look for photos and videos from moving day, from the viewing or in messages to friends.

  4. 4

    The flat advert

    Save the photos and the text from the advert as a screenshot.

  5. 5

    Messages to the landlord

    Keep emails or chats with the landlord about the condition of the flat.

  6. 6

    Witnesses

    Note the names and contact details of removal helpers, friends or the previous tenant.

Why this matters

Without an Übergabeprotokoll, it quickly becomes your word against the landlord's when you move out. Where you have to prove something yourself, such as an unrenovated handover, you lose if you have no evidence. Photos of every room, taken as early as possible, are then your most important proof.

General information, not legal advice.

Frequently asked questions

Is an Übergabeprotokoll compulsory when I move in?

No, no law requires an Übergabeprotokoll at move-in. But it is the simplest proof of what the flat looked like when you moved in.

Can I still make a move-in record later?

Yes, you can still make the record after you have moved in. Ask the landlord for a joint walk-through, or send the landlord your dated list with photos and ask them to confirm it.

Who has to prove what at move-out if there is no Übergabeprotokoll?

For damage, the landlord must prove that it happened during your tenancy. If you say the flat was handed over unrenovated, you have to prove that.

More on this

Also in this topic: Scratches in the parquet at move-out: what tenants paySmoking in a rented flat: what you pay at move-outLost a key as a tenant: who pays for the lock system?All guides: Handover & viewings

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