Wohnungsübergabe at move-out: what to check before you sign
How to prepare for the handover appointment and sign only an Übergabeprotokoll (handover record) that matches your flat.
Before you sign the Übergabeprotokoll, record the flat yourself and read every line. Sign only what is correct, and write any disagreement right next to the item.
What to check before you sign
You do not need to be an expert. What matters is that the Übergabeprotokoll describes what you can see in the flat yourself.
- 1
Record the flat yourself first
Before the appointment, record every room yourself: walls, floors, windows, bathroom and kitchen.
- 2
Bring your Einzugsprotokoll
Bring your Einzugsprotokoll (move-in record) to the appointment. A mark that is already listed there is not yours.
- 3
Read every line
Read the whole Übergabeprotokoll before you sign, even if everyone wants to finish quickly.
- 4
Write down what you disagree with
If you see an item differently, write that right next to the item.
- 5
Check the meter readings
The readings for electricity, gas, water and heating should be in the Übergabeprotokoll, with the date.
- 6
Get a key receipt and a copy
Get a receipt for the number of keys you hand back, and keep a copy of the Übergabeprotokoll.
Why this matters
Under § 538 BGB, you are not liable for normal wear from using the flat as the lease allows. You have to return the flat besenrein (swept clean), not renovated. Whether a mark is wear or damage is easier to settle later if the Übergabeprotokoll is precise.
General information, not legal advice.
Frequently asked questions
Do I have to sign the Übergabeprotokoll when I move out?
No, you do not have to sign the Übergabeprotokoll. But an Übergabeprotokoll signed by both sides is your best evidence, so sign it if it is correct.
Do I have to renovate or repaint when I move out?
You only have to renovate or repaint if your lease has a valid clause that says so. The BGH has ruled many of these clauses void, for example clauses with rigid deadlines.
What do I do if I disagree with an item in the Übergabeprotokoll?
If you disagree with an item, write your objection right next to it, for example “scratch was already there at move-in, see Einzugsprotokoll”. Sign only after that, and keep a copy.
Also in this topic: Zwischenmiete: documenting the handoverMoving out of a rented flat in Germany: the checklistAll guides: Handover & viewings
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