Guides / Handover & viewings
Handover & viewings
Move-in and move-out, the Übergabeprotokoll and apartment viewings.
The apartment handover produces the single most important piece of evidence in the whole tenancy: the Übergabeprotokoll recording the condition of every room. In court it counts as a private document (§ 416 ZPO), photos as visual inspection (§ 371 ZPO) – provided date and content can be proven.
Here you'll find what belongs in the protocol, how photos become court-proof, what matters at move-in versus move-out, and the legal rules around viewings – for tenants, landlords and property managers.
Guides for landlords
- Wear or damage? What landlords may charge (2026)
Normal wear is covered by the rent (§ 538 BGB). What you may charge as damage, what you must prove, why only current value counts, and the six-month deadline.
- Proving Damage with Photos: What Landlords Need (2026)
The burden of proof is on you as the landlord. What photos need to prove damage: a provable date and a signed Übergabeprotokoll.
- Proving Rental Damage in Court as a Landlord (2026)
What your record carries in litigation: private document (§ 416 ZPO), photos as visual inspection (§ 371 ZPO), and why “no defects” can destroy claims.
- Move-in handover: the Übergabeprotokoll for landlords (2026)
The Übergabeprotokoll at move-in: not mandatory, but your most important evidence for the Kaution, meter readings, defects and keys.
- Übergabeprotokoll for Landlords: document it right (2026)
Document move-in and move-out properly: what belongs in the Übergabeprotokoll and why it secures your Beweislast for the Kaution.
- Organising a Wohnungsbesichtigung: landlord rules (2026)
Viewings for a sale or re-let: how many appointments the tenant must allow, what advance notice applies, and how to organise viewings on solid legal ground.
Guides for tenants
- Normal Wear and Tear at Move-Out: Tenant Liability (2026)
You are not liable for normal wear (§ 538 BGB), but you are for real damage. The dividing line with examples, and why only current value counts.
- Are photos enough as evidence at the handover? (2026)
Photos prove the condition, not the date. A file's date can be edited. What photos are really worth in court (§ 371 ZPO) and how to make them tamper-evident.
- The Übergabeprotokoll in court: what counts as proof? (2026)
How much is your record worth in a dispute? Private document (§ 416 ZPO), photos as visual inspection (§ 371 ZPO), and what “no defects” means.
- What to photograph when you move in: the checklist (2026)
What to photograph at move-in, room by room, plus the 12 spots almost everyone forgets. The checklist that protects your Kaution.
- Einzugsprotokoll: Documenting Your Flat at Move-In (2026)
The Einzugsprotokoll protects your Kaution at move-out. How to document every defect and meter reading at move-in in Germany, and what goes wrong without it.
- Übergabeprotokoll vs. Wohnungszustand: what is the difference? (2026)
The Übergabeprotokoll documents the handover. The Wohnungszustand is what the flat actually looked like. Why the difference decides your Kaution.
- Apartment Viewings: What Tenants Must Allow (2026)
Wohnungsbesichtigung for sale or re-letting: how often, how long and with what notice must you allow viewings? Your rights as a tenant, clearly explained.
- Wohnungsübergabe at Move-Out: Tenant Checklist (2026)
Wohnungsübergabe at move-out: what tenants put in the Übergabeprotokoll, what they are liable for, when they need not renovate, and how to protect the Kaution.
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