Apartment handover for tenants: moving out without any hassle

The apartment handover inspection when moving out is an important appointment for tenants. To ensure everything runs smoothly during the return to the landlord, you should prepare thoroughly.

In this article, you will learn, among other things:

• what exactly happens during the apartment inspection

• what you need to pay particular attention to

• the best way to proceed in the event of defects

What is an apartment handover inspection?

The apartment inspection describes the return of the apartment from the tenant to the landlord. At this appointment, you hand over your keys and responsibility officially passes to the owner.

Yet the apartment inspection is more than just handing over keys. Together with the landlord, you inspect the property. Any defects and damages are compared with the initial condition report (condition of the apartment when moving in) and noted on the apartment handover protocol (condition of the apartment when moving out). With your signature, you confirm the accuracy of the inspection protocol.

Any damage you caused during the rental period will be billed to you or deducted from the security deposit.

In brief

• During the apartment handover, you formally return your rental apartment to the owner.

• The move-in condition protocol describes the state of the apartment upon moving in. A copy of this is attached to the lease agreement.

• The handover protocol describes the condition of the apartment upon moving out. It is compared with the move-in protocol.

When does the apartment inspection take place?

An apartment handover inspection takes place when the tenant moves out, whether they gave notice or their tenancy was terminated. As a rule, the inspection of the rental apartment takes place on the last day of the rental period, if this falls on a Sunday or public holiday, on the next possible working day. At the time of the inspection, the apartment must be cleared and ready for handover. After the inspection, you can no longer enter the apartment.

If, as a tenant, you arrange an earlier inspection date with your landlord, for example because the owner wants a buffer before the new tenant moves in, have the unused days paid out to you.

What you should keep in mind during the apartment inspection

As a tenant, you are obliged to hand over the rental property in proper condition at the end of the tenancy (Section 546 BGB). To do this, you must completely clear all rooms, including the attic, cellar, garage, or parking space if applicable, and restore the original condition.

In principle, as a tenant, you must remove all furniture before the apartment inspection. This also includes a self-installed kitchen unit, cupboards, balcony cladding, or cat flaps. Erected partition walls or wall openings must be reversed.

Have you agreed with the landlord to keep certain modifications? Then be sure to record this in writing.

By the way, as a tenant, you do not have to polish the apartment to a high shine. The rooms should be broom-clean for the inspection, meaning free of cobwebs, floors vacuumed, and toilet and stove cleaned. However, scrubbing the floors or removing limescale in the bathtub is something you can save yourself from doing.

Checklist

There is no universal rule for how an apartment handover should proceed. However, as a tenant, there are some basic things you should keep in mind when returning the apartment.

• Tenants must hand over the apartment broom-clean.

• Correspondence such as appointment scheduling or agreements should take place in writing for evidentiary purposes.

• It is recommended to record current meter readings before/during the apartment handover.

• After the handover, the tenant must no longer hold any keys to the apartment or the building.

• A written handover protocol is not required by law, but strongly recommended.

• Any damages should be documented by the tenant with photos or videos.

Eliminating defects: from rectifications to cosmetic repairs

Depending on the lease agreement, you as the tenant may be obliged to renovate the apartment before handover, paint for the apartment inspection, and repair damages.

Specifically, cosmetic repairs include

• wallpapering, painting, or whitewashing walls and ceilings

• painting wooden floors and radiators, including heating pipes

• painting interior doors, windows, and the inside of exterior doors

• as well as filling dowel holes, depending on the contract

If the clause in the lease agreement contains further repairs and rectifications, such as specifying the wall color, a rigid renovation schedule by years, or mandatory final renovation (even if the apartment does not need renovation), the clause is invalid. As a tenant, you generally do not have to renovate even if you took over the apartment in an unrenovated state (Federal Court of Justice (BGH) ruling of 2015, case ref. VIII ZR 185/14).

Sanding or sealing parquet floors (BGH ruling of 2010, case ref. VIII ZR 48/09), painting skirting boards, or repairing cracks in the ceiling (Regional Court (LG) of Berlin decision of 2017, case ref. 67 S 20/17) are also not cosmetic repairs: the owner must take care of these.

You do not have to remove signs of wear and tear such as minor scratches on floors; they are part of normal wear and tear. Defects that you as a tenant must remedy or pay for include, for example, burn marks on carpets or deep gouges in the parquet.

As a general rule: the rental property must be fully functional upon return.

Defects during the apartment handover: what to do?

Sometimes landlords demand cosmetic repairs and renovations. However, as a tenant, you are not automatically responsible for every defect. As a tenant, you are only obliged to carry them out if this is legally validly stipulated in the lease agreement.

The landlord must accept normal wear and tear, and deep cleaning is not required, as the apartment only needs to be handed over broom-clean. Furthermore, defects discovered after the handover are the landlord's problem. The only exception: the tenant intentionally deceived the landlord.

Arrange a preliminary appointment

To ensure the handover of the rental property goes smoothly, tenants and landlords can arrange a preliminary inspection. This is ideally set two to four weeks before the end of the tenancy.

Using the lease agreement and the handover protocol, you can check which defects and damages occurred during the rental period and which cosmetic repairs are due upon moving out. The preliminary appointment is also the right time to clarify whether fixtures must be removed and whether you will carry out repairs yourself or have them done by a professional. Check whether all payments to the owner have been made so that the rental account is settled by move-out.

A preliminary appointment provides optimal preparation to make the actual apartment handover as pleasant and time-saving as possible for both tenant and landlord.

The day of the apartment inspection

On the day of the apartment inspection, it is best to bring a checklist so you don't forget any important details.

Also create an inspection protocol documenting the condition of the property along with all defects. Current meter readings complete the protocol. Once you have successfully completed the walkthrough, the rental apartment can be handed over.

In most cases, the inspection protocol is filled out by the landlord. In this case, it is not strictly necessary to create your own protocol. However, during the apartment handover, check whether the protocol was filled out correctly and whether all relevant details were noted before you sign.

Additionally, request a copy of the protocol right there on the spot.

Apartment handover without the tenant: is that possible?

The property inspection can also take place without you as the tenant if you send an authorized representative in your place. A copy of the power of attorney is best attached to the move-in or handover protocol.

Landlords can also be represented during the apartment inspection or handover, for example by the property manager or estate agent.

Is the apartment handover inspection mandatory?

No. In Germany, a joint apartment inspection is not legally required. However, that does not mean you should forgo it. During the handover, tenant and landlord inspect the apartment and sign the protocol together. If this does not happen, it becomes difficult to refute defects that the landlord notes in the handover protocol.

In addition, many lease agreements require a joint handover at the end of the tenancy. But even if the landlord does not demand an inspection, it makes sense for the tenant to request an appointment for the handover.

What if the landlord does not show up for the handover?

Did the landlord confirm the appointment for the apartment handover to the tenant, but fails to show up? In this case, you must assume an unavoidable short-term hindrance on the part of the landlord.

This is of course frustrating for you and far from ideal. Nevertheless, it can happen that an appointment cannot be kept at short notice. As long as the tenant and landlord find a replacement date in good time that falls before the end of the tenancy, this must be accepted.

Default of acceptance

However, if no replacement appointment can be found during the ongoing tenancy or if the landlord remains unreachable, they enter into default of acceptance. As long as you gave notice in due time and prepared the apartment for handover, the ball is now in the landlord's court. Even if they do not inspect and accept the apartment, they cannot demand further rent payments or compensation from the tenant.

Excursus: How do landlords prepare for the handover?

The inspection appointment must take place at the latest on the last day of the tenancy. Careful preparation is required not only for the tenant, but also for the landlord.

Among other things, it involves preparing the apartment handover protocol, discussing cosmetic repairs with the tenant, and coordinating dates. For the latter, more and more owners and property managers use property management software. This allows them to manage tenant turnover efficiently. Real estate agent software, on the other hand, helps find new tenants after the handover.

Apartment inspection for tenants: Conclusion

The apartment inspection is a crucial step that requires careful preparation. It encompasses the official return of the apartment to the landlord, including handing over the keys and transferring responsibility.

During this appointment, existing defects and damage are compared with the initial condition protocol and recorded on the handover protocol. Your signature confirms the accuracy of the protocol.

Damage caused by the tenant during the tenancy will be deducted from the deposit. For a smooth process, it is advisable to hand over the apartment in proper condition, whereby thorough scrubbing is not required; a broom-clean handover is sufficient. Preparations such as noting the meter readings and drawing up an inspection protocol help avoid ambiguities and potential conflicts.

By when must rent arrears be settled?

By the time the tenant moves out, all outstanding rent arrears must be settled. Otherwise, the landlord can deduct the outstanding costs from the deposit.

Do lease agreements mandate a joint return of the apartment?

Legally, there is no obligation in Germany for a joint handover appointment. However, a proper handover is in the interest of all parties involved. Therefore, most tenants and landlords voluntarily agree on a joint handover.

Does the tenant have to be present during tenant changeover?

The tenant should be present during the handover of the apartment. In addition, you are generally required to facilitate viewings for prospective new tenants. However, as soon as the apartment has been handed over, these obligations cease. Finding a replacement tenant after giving notice in due time, digital renting, or hiring an estate agent are not the tenant's responsibility.

Does the tenancy end upon handover?

Yes, the tenancy is generally considered terminated upon the proper return of the apartment to the landlord. This return takes place through the apartment handover, where both the physical condition of the apartment is checked and the keys are surrendered.

What belongs on the apartment handover protocol?

All key details regarding the rental handover must be noted on the handover protocol. This includes information such as date, persons present, defects, and any agreements reached.