Apartment handover – protocol, damages & your rights

The handover is an important date for both the old and the new tenant. The old tenant hands over his last claim to the property and the new tenant gets access to the property and can start moving in. However, there are a number of things that need to be taken into account on this date by both parties and the landlord!

Apartment handover protocol – content, handover & damage

The apartment handover protocol is an advantage for all parties involved. It records the condition of the rented property and any defects, damage or renovation work. An apartment handover protocol is made both when moving out and when moving in, to protect all parties involved. Especially when it comes to the topic of defects, it often comes to disputes, because the perspectives do not remain neutral. To prevent this, the protocol should record exactly how the condition of the object is to eliminate misunderstandings.

The content – What all belongs in the apartment handover protocol?

In an apartment handover protocol, however, not only defects in the property are recorded, but also important criteria that could later lead to disputes. So that no misunderstandings arise here, there are the most important points that should absolutely appear in the protocol:

• The number of all keys (front door, apartment door, mailbox, cellar, attic, …)
• The functionality of all electrical devices (taps, shower, toilet flush, heaters, … )
• The exact readings on electricity meters, water meters and radiators
• The condition of walls, wallpaper, doors, locks, windows, carpets, tiles and parquet floors
• Watch for mold, especially in the bathroom and on the walls (including wet spots).

In the context of a move-out, however, the handover protocol should also contain other points. For example, promised repairs or renovations on the part of your landlord should be listed. You can also find out from the rental agreement how you have to hand over the apartment. This includes, for example, white painted walls or a broom-clean handover. It is important for you to adhere to these specifications, as otherwise part of the deposit can be withdrawn.

The handover – you should pay attention to this

The problem with handover protocols is that they are neither mandatory nor regulated by law. If your landlord does not make one at the handover and you discover a defect afterwards, you have no proof that it was not caused by you. Therefore, you should not only insist on an apartment handover protocol, but also prepare for it properly. Since a smooth handover is also in the interest of the landlord, it should not be a problem for him to make a handover with protocol. Since planning rarely does any harm, you should therefore give some thought to the implementation in advance and think about a few things.

First of all, it is important that the handover of the apartment takes place in an empty and renovated condition. The landlord should therefore, if possible, have previously carried out the handover with the old tenant or do this together with them, so that he can check whether the landlord has left the apartment as agreed in the lease. If your landlord refuses to carry out a handover with a protocol, you can also carry out the procedure alone with a neutral witness. This way you are on the safe side and in the right. Take a lot of time for the handover to really find all the defects, even if the other party is pushing you. Insist on a thorough handover. If there are any defects, record them with photos and in the protocol. After the inspection is completed, both parties receive a copy of the protocol, which should be signed by both parties. This way all parties have security on their side.

The defects – Which cosmetic repairs you have to take over and which not

Cosmetic repairs are an art in themselves, because nowhere is really recorded, what exactly falls under it. Everyone has a different idea and also in the Civil Code (BGB) is no exact definition. So what does it include and which ones do you have to do and which ones do your landlord have to do? The German Tenants’ Association has tried to come up with a definition and writes on its homepage: “Under cosmetic repairs or renovation is understood everything that has worn out over time in normal living and can usually be renewed with paint, wallpaper and some plaster. This includes: wallpapering walls and ceilings, painting or whitewashing walls and ceilings, painting radiators, including heating pipes, painting doors inside the home, painting the inside of windows, and painting the inside of the door to the home.” In short, according to this definition, everything that the tenant himself has “worn out” falls under the term cosmetic repairs.

The term “cosmetic repairs” does not include things such as the replacement of carpeting, the sanding of parquet floors or the renovation of basements, balconies or terraces. These are all things that are demonstrably not the tenant’s fault. However, the landlord cannot set any deadlines for you. No landlord can force you to paint the entire apartment again after you have already done so in the previous year. But what exactly do you have to do in terms of cosmetic repairs and what is the landlord responsible for?

Cosmetic repairs, which must be taken over by the tenant:

• Painting the doors, windows and apartment door (inside)
• Wallpapering and painting walls and ceilings
• Closing of drill and dowel holes
• Painting the heaters and heating pipes

Cosmetic repairs, which do not have to be taken over by the tenant:

• Painting of terrace, balcony, cellar, utility and common rooms
• Carpet replacement
• Painting of windows and apartment door (outside)
• Sanding and sealing of parquet floors
• Damage demonstrably not caused by the tenant

Defects detected only after the protocol – what you can do

Most defects are obviously visible, but there is always the case that defects are detected too late and therefore do not appear in the protocol. But do not worry, because in the case of serious defects you are not stuck with the costs. You can report these late detected defects to your landlord and they have to be taken over by him. These include, for example, heating that does not work properly, defective pipes, but also mould.

If you find such a serious defect after moving in or after the handover with protocol, you must immediately report this to your landlord and then also grant him a corresponding period of time so that he can have the mark removed. Set your landlord a deadline, which should be sufficient in particularly urgent cases that could be harmful to health, such as mold but may also be shorter. If nothing happens within the specified period on the part of the landlord, you can think about a rent reduction if necessary.

If you notice a minor defect only after the handover report, i.e. so-called marginal damage, the landlord is not obliged to repair it. This includes defects such as a broken tile or a defective towel rail. However, always report this mark to the landlord anyway, otherwise you could be held liable for it.