WG room: getting the Übergabeprotokoll right (2026)
WG room: getting the Übergabeprotokoll right
With its own Übergabeprotokoll covering the room and the shared spaces, signed by you and the Hauptmieter.
The duty to return the property under § 546 Abs. 1 BGB applies in a sublet too, only it runs towards the Hauptmieter (main tenant) rather than the owner. You are not liable for normale Abnutzung (normal wear and tear, § 538 BGB), but without a recorded starting condition there is nothing to measure that against.
§ 546 Abs. 1 BGBIn 60 seconds
In a WG (shared flat) you hand back to a private individual: your contract is with the Hauptmieter, not with the owner, and § 546 Abs. 1 BGB runs towards them.
The record has to cover both the room and the shared rooms. Only then can anyone later separate what is attributable to you from what belongs to the whole flat.
You are not liable for normale Abnutzung (§ 538 BGB). The condition still has to be documented, otherwise there is no benchmark at move-out.
If the room came furnished, the inventory belongs in the record, item by item with its condition. Otherwise the argument at move-out is about a wardrobe that was already damaged.
Without a move-in record, your memory stands against the Hauptmieter's at move-out, and they are holding your Kaution (security deposit).
What the law says
The tenant is obliged to return the rented property once the tenancy ends. In a sub-tenancy this applies towards the Hauptmieter: you return the room to them, and they owe the return of the whole flat to the owner.
What belongs in the record
| Area | Who uses it | What to capture |
|---|---|---|
| The room | you alone | walls, floor, windows, radiators, existing damage with photos |
| Kitchen, bathroom, hallway | the whole flat | condition at your move-in, so shared wear is not later pinned on you alone |
| Furniture and inventory | you, but it belongs to the flat | an itemised list with condition, or the argument will be about pre-existing damage |
Why a WG handover works differently
In an ordinary handover you face a landlord who holds the deposit in a separate account and issues a statement. In a WG you face a private individual who probably keeps your deposit in their current account, and who may be moving out themselves. There is no managing agent to turn to, and no record of the transaction anywhere.
So here the Übergabeprotokoll does two jobs at once: it evidences the condition, and it supplies the order a landlord would otherwise bring.
Record the condition of the room and the shared spaces before handing over the keys with BildProof: scan every room, sealed, €9.99 per property.
Which contract model your flat actually uses, and who is liable to the owner: Shared flat and subletting. How to get the deposit back afterwards: Getting your Kaution back from the Hauptmieter.
What it means for each side
- Insist on a record at move-in, not only at move-out.
- Have the shared rooms included, not just your own room.
- Note the meter readings if you carry a share of the Nebenkosten (operating costs).
- Take your own copy, signed by both sides.
- As Hauptmieter you are liable to the owner for the whole flat, this room included.
- One record per changeover is your own evidence, not a favour to the person moving in.
- Keep the records complete over the years, or you carry every accumulated defect alone.
- If you let furnished, put the inventory in writing.
Common mistakes
The kitchen is where the real argument happens at move-out, and it appears in no record.
Today's flatmate is the opposing side the day after tomorrow, and they hold the Kaution.
A move-out record without a move-in record shows a condition, but not who caused it.
What to do next
Arrange a time before move-in when both of you walk through the flat together.
Capture the room and the shared spaces with a date and photos, not just ticks on a form.
Attach an inventory list for furnished rooms, with the condition of each item.
Both sign, and each side keeps a copy.
Repeat the same walkthrough at move-out and compare the two.
Frequently asked questions
Do you even need an Übergabeprotokoll in a shared flat?
Yes, and there especially. The deposit for a room in a WG usually goes to the Hauptmieter, often in cash and without a receipt, and there is no deposit account and no managing agent in between. At move-out only what was documented counts. A record covering the room and the shared spaces is the one common basis both sides will have later.
Who signs the record, the Hauptmieter or the owner?
The Hauptmieter. In a sub-tenancy they are your landlord: you contract with them, pay the Kaution to them, and return the room to them under § 546 Abs. 1 BGB. The owner is not a party to your sub-tenancy, they have only consented to the subletting.
Do the kitchen and bathroom really belong in the record?
Yes. You use them too, and they are what gets argued about at move-out. If only your room is recorded, there is no way to show whether the mark on the kitchen floor was already there when you moved in. Capture the shared rooms at the same time as the room itself.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.