Apartment handover protocol: What you should keep in mind during the apartment handover

When a property is handed over, the contracting parties usually prepare an apartment handover protocol (or: handover report). All defects and the condition of the rental property are recorded in detail within it.

What is a handover protocol and what is its purpose?

An apartment handover protocol documents the condition of a property at the time of handover, including all damage and defects.

This protocol clarifies responsibilities. Is mold already present upon moving in that was overlooked during the viewing? Then the landlord must take action. If the apartment is free of defects, the landlord protects themselves against subsequent claims for damages with the apartment handover protocol.

The tenant must hand over the apartment in good condition upon moving out, otherwise the landlord can deduct from the security deposit. At the same time, the tenant protects themselves: defects that were recorded in writing upon moving in (such as a broken tile) do not have to be repaired by them when moving out.

When does an apartment handover protocol need to be prepared?

In a rental situation, the tenant hands the apartment over to the landlord as soon as the tenancy ends. Conversely, the landlord hands the apartment over as soon as a new tenant moves in. Traditionally, the tenant and landlord conduct a joint walkthrough during each handover.

This is the ideal time to create an apartment handover protocol: all furniture has been removed from the apartment or has not yet been brought in, and all renovation work is complete. The condition of the apartment can be assessed in the best possible way, and cosmetic repairs, if applicable, have been carried out.

Who is responsible for the handover protocol?

Tenants are not entitled to demand that the landlord or estate agent prepare an apartment handover protocol. However, any tenant can create their own inspection report, e.g., with a neutral witness. Without a protocol, the apartment is deemed to have been handed over free of defects once the keys are handed over.

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An apartment handover protocol is not required by law—neither for tenants nor for landlords. Nevertheless, it is recommended to prepare a handover report when selling or renting out real estate, as it can serve as evidence in legal disputes.

What information belongs in the apartment handover protocol?

To ensure the apartment handover protocol is complete, no key information should be missing. This includes, among other things:

• The names of the tenant and landlord (or buyer and seller)

• The address of the property

• Place, time, and date the apartment handover protocol was prepared

In the apartment handover protocol, you must also record the following points regarding the condition of the apartment in writing—ideally supported by photos for defects:

• List of all rooms in the apartment

• Meter readings for water, heating, and electricity; if applicable, heating oil tank fill level

• Number of handed-over keys (e.g., for front door, apartment door, basement, mailbox, entrance gate, etc.)

• Any furnishings taken over (e.g., fitted kitchen)

• Defects in detail (if applicable, documented with photos) and the deadline by which they will be resolved:

• Condition of walls and wallpaper (including possible mold growth)

• Condition of floors (carpet, laminate, parquet, tiles)

• Condition of doors, windows

• Functionality of faucets, pipes, toilet, shower, heating, stove, refrigerator, etc.

• Any cosmetic repairs carried out, if applicable

Apartment inspection or handover works even more easily via app, completely paperless on a tablet or smartphone. Particularly popular is the property management and broker software EverReal. Here, you can easily and legibly record pictures, current meter readings, and defects. The final apartment handover protocol is signed digitally by tenant and landlord, can be retrieved at any time, and can be sent via email.

Differences between rental apartment and house purchase handover protocols

In addition to the above details, the protocol for moving in and out should include the following points for the property:

• Proofs and calculations of renovations under warranty

• Documents such as insurance policies, property tax assessments, energy performance certificates

• Payment information for insurance, property tax, and other services

Preparations for the handover: What tenants and landlords should know

Before a property is handed over and the apartment handover protocol is created, tenants and landlords should observe a few important steps:

• Cleaning: Thorough cleaning of the apartment is essential. Tenants ensure that all rooms are clean and tidy. This includes vacuuming and mopping floors, cleaning windows, sanitary facilities, and kitchen areas. A well-maintained condition of the apartment leaves a positive impression on the landlord and makes the handover easier.

• Inspection: In addition to cleaning, a final inspection before the apartment handover is important. During this process, all rooms of the apartment are systematically checked for defects or damage. A checklist for the apartment handover helps ensure nothing is overlooked. Any identified defects should be documented and, if possible, resolved. This minimizes later disputes and simplifies recording in the apartment handover protocol.

• Documentation: Relevant documents such as meter readings for water, heating, and electricity should be prepared and noted during the handover. These details are important for the final utility billing and help avoid misunderstandings. All keys to the apartment, including front door, apartment door, mailbox, and possibly basement or garage, must be handed over completely and in good condition upon moving out.

• Apartment handover: Landlords should ensure that all renovation work is completed and the apartment is ready for occupancy. For condominiums or houses, proof of completed renovations and important documents such as insurance policies and energy certificates should be kept ready.

Through careful preparation, the apartment handover becomes stress-free and clearly structured for both parties. With the property management software EverReal, these steps can be designed digitally and efficiently, ensuring the handover proceeds smoothly.

What are patent and latent defects?

Even during a walkthrough with a handover protocol, a tenant can easily overlook noticeable, "patent defects," such as a scratch in the parquet. In retrospect, however, tenants have no right to have such defects repaired at the landlord's expense. After all, the contractual condition of the property is not impaired by minor cosmetic flaws. Landlords can also no longer pass off overlooked patent defects onto former tenants after the handover.

However, the situation is different for so-called "latent defects," which cannot be recognized at first glance. Mold growth, defective radiators, clogged pipes, or non-functioning utility lines must be repaired by the landlord—even if they are not mentioned in the handover protocol. The same applies if tenants concealed serious defects upon moving out and landlords only discover them after the fact.

Correctly documenting changes during the tenancy

During the course of the tenancy, mutually agreed changes may be made—whether it involves replacing furnishings or structural modifications. It is important to document these changes properly.

Handover protocol remains unchanged

The original handover protocol must not be modified after the fact. It is dated, and any subsequent amendment would compromise its validity.

Correct procedure for changes

To record later changes, create an addendum to the handover protocol. This addendum should:

• Contain the current date of the change.

• Be signed by both parties, tenant and landlord.

Documentation and retention

• Both parties receive a copy of the addendum.

• Keep these documents carefully so you can refer back to them if needed.

Avoid common mistakes with the apartment handover protocol

A carefully completed protocol on the condition of the apartment is essential to avoid misunderstandings and conflicts after moving in or out. However, mistakes that can lead to problems are often made during the apartment handover.

Incomplete documentation

• Record defects: Go through each room systematically and record all defects in detail in the apartment handover protocol.

• Photo evidence: Use photos to document the condition. The photos supplement the protocol.

Signatures and date

• Date of creation: Draw up the protocol directly during the handover.

• Legal validity: The protocol is only valid with the signatures of both parties.

Use digital tools

Digital tools and apps can simplify the process and help create a clear and complete apartment handover protocol.