Do I have to sign the Übergabeprotokoll?
When to sign the Übergabeprotokoll (handover record), when to sign with a reservation, and when it is better not to sign at all.
You do not have to sign the Übergabeprotokoll, but once it is signed it binds both sides. Sign if everything is right. If you see a point differently, write exactly what next to it, and do not sign a record that is empty or wrong.
Sign, sign with a reservation, or not at all?
What you do depends on whether the Übergabeprotokoll describes the flat's condition the way you see it.
- 1
Download the BildProof app
Scan your flat in a few minutes before you sign. That way you have solid proof of anything you disagree with.
- 2
If everything is right
Sign. A complete Übergabeprotokoll also protects you against later claims.
- 3
If some points are wrong
Next to each point, write specifically what you see differently. Then sign.
- 4
If an entry is too vague
“Signs of use” or “needs renovating” without a location leaves everything open. Ask for precise entries.
- 5
If lines are left empty
Cross out empty fields before you sign, so that nothing can be added afterwards.
- 6
If it is fundamentally wrong
Do not sign. Record the flat's condition yourself, ideally with a witness.
- 7
Take a copy with you
Take a copy or a photo of the signed Übergabeprotokoll with you.
Why this matters
A signed Übergabeprotokoll proves that both sides made the statements in it (§ 416 ZPO), and courts hold both sides to it. Anything you do not write in before you sign is hard to raise later.
General information, not legal advice.
Frequently asked questions
What happens if I do not sign the Übergabeprotokoll?
If you do not sign, there is no joint Übergabeprotokoll. The landlord then has to prove damage by other means, such as photos or witnesses, and you have to prove your side the same way. You still return the flat, so get a receipt for the keys.
Does signing “with reservation” help?
Signing “with reservation” hardly helps unless you write what you object to. For every point you see differently, write specifically what is wrong and why, for example with a reference to the Einzugsprotokoll (move-in record).
Can I take back my signature later?
You cannot simply take back your signature. What both sides have signed counts as the agreed record, and courts hold both sides to it. So check before you sign, not after.
Also in this topic: Übergabeprotokoll template for tenantsÜbergabeprotokoll vs. Wohnungszustand: what is the difference?Landlord skips the move-out handover: what to doAll guides: Handover & viewings
Is your handover coming up?
Record every room yourself before you sign the Übergabeprotokoll. BildProof guides you through the flat and creates a structured condition report.
Create your proof