Übergabeprotokoll vs. Wohnungszustand: the difference
Why the signed Übergabeprotokoll (handover record) proves little on its own, and why the Wohnungszustand (the flat's condition) it describes is what counts.
The Übergabeprotokoll is the form both sides sign. It can only prove what it says in concrete terms about each room. So write down every finding with its place and size.
What does the record need to say about the flat's condition?
A record is only worth as much as the concrete detail it gives about each room.
- 1
Describe every room separately
Describe each room on its own, not the flat as a whole.
- 2
Say where each finding is
Write exactly where the finding is, for example “living room, left wall”.
- 3
Say how big it is
Write how big the finding is, for example “scratch about 20 cm above the socket”.
- 4
Add photos
Photos show what the room actually looked like.
- 5
Get both signatures
The record only counts as evidence when both sides have signed it.
- 6
Move-in is the baseline
If the landlord claims damage when you move out, the flat is compared with its condition at move-in.
Why this matters
Under § 538 BGB, you are not liable for wear from normal use under the lease. So in a claim over specific damage, the flat's condition at the start of the tenancy can be what decides it.
General information, not legal advice.
Frequently asked questions
What does the Übergabeprotokoll need to say about the flat's condition?
The Übergabeprotokoll needs to describe each room on its own, with the place and size of every finding. A blanket “Zustand: in Ordnung” (condition: fine) proves little in a dispute.
What if the landlord claims damage when I move out?
Then the damage is compared with the flat's condition at move-in. If the damage was already recorded at move-in, you do not pay for it.
Why does the move-in condition matter so much?
The move-in condition matters because you are not liable for wear from normal use under the lease (§ 538 BGB). You can only tell whether damage is new by comparing it with the condition recorded at move-in.
Also in this topic: Landlord skips the move-out handover: what to doPower of attorney for a flat handover in Germany: templatePre-inspection before moving out in Germany: what tenants should knowWG room: getting the Übergabeprotokoll rightAll guides: Handover & viewings
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