Landlord skips the handover: how to return the flat anyway

What to do when the landlord misses the handover appointment or does not want a joint walk-through.

BildProof RedaktionUpdated 9/30/20263 min readGermany
In short

If the landlord does not come, offer to return the flat in writing, return all keys in a way you can prove and record every room with a witness. From that day, the landlord has six months to claim for damage (§ 548 BGB).

What to record on the day you return the flat

Without a joint Übergabeprotokoll (handover record), your own record is the evidence. These points belong in it.

  1. 1

    Your written offer

    Keep your written message with the date, and the landlord's reply if there is one.

  2. 2

    Every room

    Record the walls, floor, ceiling, windows and doors, room by room.

  3. 3

    Kitchen and bathroom

    Record the fitted units, taps and tiles, clean and empty.

  4. 4

    The meter readings

    Note the readings for electricity, gas, water and heating, with the date.

  5. 5

    The keys

    Put every key on a list, with its type and how many there are.

  6. 6

    Your witness

    Note the name and contact details of the person who saw the flat's condition and saw you drop the keys in the letterbox.

Why this matters

From the day you return the flat, the landlord has six months to make claims for damage (§ 548 BGB). The landlord also has to prove any deduction from the Kaution (deposit). Without a joint Übergabeprotokoll, only your own record shows how the flat looked that day.

General information, not legal advice.

Frequently asked questions

Do I need an Übergabeprotokoll to move out?

No, you do not need an Übergabeprotokoll to move out. The law only requires you to return the flat cleared and with all keys (§ 546 BGB). An Übergabeprotokoll is evidence, not a precondition.

Can I drop the keys into the landlord's letterbox?

Yes, you can drop the keys into the landlord's letterbox if the landlord does not come or asks you to. Put in all the keys with a list, and have a witness confirm that you did, with the date and the time.

What happens to my Kaution if there is no Übergabeprotokoll?

The landlord must settle your Kaution after a reasonable period for checking. If the landlord wants to deduct something, they have to prove the damage, and you can answer with your own record from the day you returned the flat.

More on this

Also in this topic: Power of attorney for a flat handover in Germany: templatePre-inspection before moving out in Germany: what tenants should knowWG room: getting the Übergabeprotokoll rightWhat to photograph when you move in: the checklistAll guides: Handover & viewings

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