Handover by a caretaker or service provider: authority and procedure
How managers hand off handovers without the settlement suffering.
Give everyone who hands over for you a written authority with a clear scope and a fixed procedure per unit. Recording happens on site; judging happens in the management.
What must be recorded at every handover?
Enough for the management to settle the Kaution without having been there.
- 1
Date and who was present
Who handed over, who took over, and in whose name.
- 2
Every room
Walls, floor and ceiling, in the same order as in every unit.
- 3
Every finding
Where it is, how large it is, with a photo, without judgement.
- 4
Meter readings
Electricity, water and heating on handover day.
- 5
Keys
Number and type, signed for by both sides.
- 6
Signatures
From both sides, noting in whose name each signs.
Why this matters
Claims for damage become time-barred six months after the flat is returned (§ 548 Abs. 1 BGB). By the time the management settles, the unit has often been refurbished, and then only what the contractor recorded on handover day counts.
General information, not legal advice.
Frequently asked questions
Does the caretaker need written authority?
The law prescribes no form for the handover. A written authority, though, shows the tenant, and later you, what the caretaker was allowed to declare and what not.
What if the contractor promises something they were not allowed to?
Then a dispute can arise over whether the promise binds you. Avoid it by clearly limiting the scope of the authority and having it shown to the tenant.
May the contractor sign the Übergabeprotokoll?
Yes, if their authority covers it. Make sure the protocol describes findings and contains no statement that no claims exist.
Also in this topic: Preparing the move-out inspection: a manager's checklistRecording condition before building work
Do caretakers or contractors do your handovers?
Give them all the same procedure and a clear authority. BildProof guides them through every unit room by room and creates a condition report the management can settle from.
See BildProof for property managers