Zwischenmiete: documenting the handover properly
What to record when you move into and out of a Zwischenmiete (interim let), and when you are protected against termination.
Even a short Zwischenmiete needs two handover records: one when you move in and one when you move out. Record the furniture and its condition too, and get a written receipt for the Kaution (deposit).
What to record at the handover of a Zwischenmiete
A short stay does not change who has to prove what. Make sure you cover these points.
- 1
Make two records
Make one handover record when you move in and one when you move out, even if they are only weeks apart.
- 2
Go through every room
Record the walls, floor, ceiling, doors and windows in every room, including the kitchen and bathroom.
- 3
Include the furniture
A Zwischenmiete is almost always furnished, so record the furniture and its condition too.
- 4
Photograph marks that are already there
Photograph every mark and any damage, on the furniture too.
- 5
Have both sides sign
Write your findings on the Übergabeprotokoll (handover record), and have both sides sign it.
- 6
Get a receipt for the Kaution
Have your Kaution payment confirmed in writing.
Why this matters
If a flat is let only for temporary use, security of tenure (protection against termination) does not apply (§ 549 Abs. 2 Nr. 1 BGB). But a short stay does not change who has to prove the flat's condition.
General information, not legal advice.
Frequently asked questions
Is a handover record worth it for just a few weeks?
Yes, a handover record is worth it, especially for a short stay. If you recorded the flat at the start and at the end, the two are easy to compare. If you did not, comparing them is almost impossible.
Should the furniture be in the handover record?
Yes, the furniture should be in the record. A Zwischenmiete is almost always furnished, so record the furniture and its condition, and photograph any marks on it too.
Is the fixed term of a Zwischenmiete automatically valid?
Yes, the fixed term is valid if the flat is let only for temporary use (§ 549 Abs. 2 Nr. 1 BGB). In any other case, the fixed term needs a reason in writing. Without one, the agreement counts as open-ended (§ 575 BGB).
Also in this topic: Wear or damage: what tenants pay for at move-outMoving out of a rented flat in Germany: the checklistBalcony, cellar, garden: what counts at handoverBesenrein handover: what tenants owe at move-outAll guides: Handover & viewings
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