Übergabeprotokoll for property managers: one standard for every unit

How to record every handover in your portfolio the same way, so a claim can be backed up later.

BildProof RedaktionUpdated 9/28/20262 min readGermany
In short

Record every unit the same way at move-in and at move-out, and have both sides sign. The landlord side must first prove that damage goes beyond normal wear.

What belongs in every Übergabeprotokoll?

What matters is not the form, but that every unit is recorded with the same procedure.

  1. 1

    Every room

    Walk through every room in each unit, in the same order.

  2. 2

    Marks and damage

    Photograph every mark and any damage and describe them in the record.

  3. 3

    Move-in and move-out

    Record the condition the same way at both appointments.

  4. 4

    Both signatures

    Only with both signatures does the record become a private document under § 416 ZPO.

  5. 5

    No “no defects”

    Never write a blanket “no defects” if you have not checked everything, because it can rule out later claims.

  6. 6

    Deadlines

    Claims become time-barred six months after the return, and the Wohnungsgeberbestätigung is due within two weeks.

Why this matters

Under § 538 BGB tenants are not liable for wear from contractual use. So the landlord side must first show that damage goes beyond that, and only then must the tenant prove they were not at fault (§ 280 Abs. 1 Satz 2 BGB).

General information, not legal advice.

Frequently asked questions

Is a handover record legally required for property managers?

No. But without a recorded condition at move-in and at move-out, you cannot prove that damage arose during that tenancy.

Why should every unit be documented to the same standard?

Otherwise your proof depends on how careful one person was on handover day. With the same routine in every unit, no unit slips through without a move-in record.

How long after move-out can claims for damage still be made?

Claims become time-barred six months after the flat is returned (§ 548 Abs. 1 BGB), regardless of when the damage is noticed. So record the condition right at the return.

More on this

Also in this topic: Digitising the handover: what managers actually gainPreparing the move-out inspection: a manager's checklistRecording condition before building workProperty manager documentation duties to owners

Next change of tenant coming up?

Record every handover with the same procedure, at move-in as at move-out. BildProof guides you through every room and creates a structured condition report for every unit.

See BildProof for property managers

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