Power of attorney for the flat handover: a template for tenants

How to send someone to the handover in your place, without them signing more than you want.

BildProof RedaktionUpdated 10/1/20263 min readGermany
In short

Write a power of attorney that allows the person to return the flat and clearly limits what they are not allowed to do. Give them the original and a copy of your ID, and record the empty flat yourself before you leave.

How to fill in the power of attorney

The more precisely you state the powers and the limits, the less there is to argue about at the handover.

  1. 1

    You and the person you authorise

    Enter your name and new address, and the other person's name and ID number.

  2. 2

    The flat and the date

    Enter the flat's address and position, the handover date and the landlord's name.

  3. 3

    What the person is allowed to do

    Tick only what the person should really do.

  4. 4

    What the person is not allowed to do

    State the limits: no acknowledging damage, no agreeing to deductions, no accepting cash.

  5. 5

    Your new address and bank account

    Enter your new address and your IBAN for the repayment of the Kaution (deposit).

  6. 6

    Sign and attach your ID

    Add the date and your signature, and attach a copy of your ID.

  7. 7

    Have them scan the flat with BildProof

    They scan the flat during the handover. You receive the complete report and all photos by email straight away.

Template: power of attorney for the flat handover

Fill in the blanks, tick what applies and give the person the signed original. If your landlord only reads German, use the German version on our German page.

Template
Power of attorney for the return of a rented flat

Principal (tenant):
Name: ________
Date of birth: ________
New address: ________

Authorised person:
Name: ________
Date of birth: ________
ID (type and number): ________
Address: ________

Flat: ________ (address, floor, position)
Landlord: ________
Lease dated: ________

I authorise the person named above to represent me towards the landlord or the landlord's representative at the return of the flat on ________ (date). This power of attorney covers (tick what applies):

☐ returning the flat and handing over all keys (number: ________)
☐ taking part in the joint walk-through of the flat
☐ signing the Übergabeprotokoll as a description of the condition
☐ reading the meters and recording them in the Übergabeprotokoll
☐ giving the landlord my new address and my bank details for the repayment of the Kaution:
   New address: ________
   Account holder: ________
   IBAN: ________

This power of attorney expressly does not cover:
acknowledging damage, costs or a duty to repair,
agreeing to deductions from the Kaution or to any set-off,
waiving claims or making a settlement,
promising work or payments,
accepting the Kaution or any other money on my behalf.
Further limits: ________

If the authorised person disagrees with a finding in the Übergabeprotokoll, they can note this in the record.

This power of attorney applies only to the return of this flat and ends on ________.

Place, date: ________

________ (principal's signature)

Enclosure:
Copy of my ID

This is a general template, not legal advice. Adapt it to your case. Send your landlord a copy in advance so they know the limits.

Why this matters

Whatever the person signs for you binds you (§ 164 BGB). A limited power of attorney and your own report of the empty flat make sure that a handover without you does not work against you.

General information, not legal advice.

Frequently asked questions

Does a power of attorney for a flat handover need a notary?

No, a power of attorney for a flat handover does not need a notary. A written, signed power of attorney with a copy of your ID is enough.

Can I just email the power of attorney?

A scan sent by email shows the landlord what the person is allowed to do. But without the original, the landlord can reject one-sided declarations such as a notice of termination (§ 174 BGB). So give the person the original.

Can I write the power of attorney in English?

Yes, you can write it in English, because the law does not require German. A landlord who only reads German will accept a German version more readily, so you can also use the one on our German page.

More on this

Also in this topic: Pre-inspection before moving out in Germany: what tenants should knowWG room: getting the Übergabeprotokoll rightWhat to photograph when you move in: the checklistFlat viewings: what tenants have to allowAll guides: Handover & viewings

Can't be at the handover yourself?

Let someone else handle it. BildProof guides them through the flat and captures everything automatically. You get the complete report and all photos when they're done.

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