Apartment handover for tenants: moving out without any hassle

The final apartment inspection upon moving out is an important appointment for tenants. To ensure everything goes smoothly during the handover back to the landlord, you should prepare for it thoroughly.

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

• what exactly happens during the apartment inspection

• what you need to pay special attention to

• how best to proceed in the event of defects

What is an apartment inspection?

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

However, the inspection is more than just returning the keys. Together with the landlord, you walk through the property. Any defects and damages are compared with the move-in inspection report (condition of the apartment upon moving in) and recorded in the move-out handover report (condition of the apartment upon moving out). With your signature, you confirm the accuracy of the inspection report.

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

In brief

• During the handover of the apartment, you formally hand over your rented apartment to the owner.

• The move-in inspection report describes the condition of the apartment upon moving in. A copy of it is attached to the lease agreement.

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

When does the apartment inspection take place?

An apartment inspection takes place when a tenant moves out, whether they have terminated the lease or had it terminated. As a rule, the inspection of the rented apartment occurs 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 you as a tenant arrange an earlier inspection date with your landlord, for example because the owner wants a buffer period before the next tenant moves in, make sure you are compensated for the unused days.

What you should consider during the apartment inspection

As a tenant, you are obliged to hand over the rental property in proper condition at the end of the rental period (Section 546 BGB). To do this, you must completely clear all rooms—including the attic, basement, 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 any self-installed fitted kitchen, cupboards, balcony screening, or cat flaps. Partition walls that were erected or openings that were made must be reversed.

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

By the way, as a tenant you do not have to leave the apartment sparkling clean. The rooms should be broom-clean for the inspection—meaning free of cobwebs, floors vacuumed, toilet and stove cleaned. You can, however, spare yourself scrubbing the floors or removing limescale deposits in the bathtub.

Checklist

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

• Tenants must hand over the apartment in broom-clean condition.

• Correspondence, such as scheduling appointments or agreements, should be conducted in writing for evidentiary purposes.

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

• After the handover, the tenant may no longer possess any keys to the apartment or the building.

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

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

Fixing defects: From touch-ups to cosmetic repairs

Depending on the rental agreement, you as a tenant may be obligated to renovate the apartment before the inspection, paint it for the handover, and eliminate damage.

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 drill holes, depending on the contract

If the clause in the rental agreement includes further repairs and touch-ups, such as specifying the wall color, rigid renovation deadlines by year, 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 moved into an unrenovated apartment (Federal Court of Justice ruling of 2015, case ref. VIII ZR 185/14).

Similarly, sanding or sealing parquet floors (Federal Court of Justice ruling of 2010, case ref. VIII ZR 48/09), painting baseboards/skirting boards, or repairing cracks in the ceiling (Berlin Regional Court decision of 2017, case ref. 67 S 20/17) are not cosmetic repairs—these are the responsibility of the owner.

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

As a rule of thumb: the rented property must be fully functional upon handover.

Defects during the apartment handover – what to do?

Landlords sometimes demand cosmetic repairs and renovations. However, as a tenant, you are not automatically responsible for every defect. You are only required to carry them out if this is legally valid according to the tenancy agreement.

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

Arrange a pre-inspection appointment

To ensure the handover of the rental property runs smoothly, tenants and landlords can schedule a pre-inspection appointment. This ideally takes place two to four weeks before the end of the tenancy.

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

A pre-inspection provides the ideal 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 that you don't forget any important points.

Also prepare a handover report in which the condition of the property is recorded along with all defects. Current meter readings supplement the report. Once you have successfully completed the walkthrough, the rented apartment can be handed over.

In most cases, the apartment inspection report is filled out by the landlord. In this case, it is not strictly necessary to create your own report. However, check while still on site during the handover whether the report has been filled out correctly and whether all relevant details have been recorded before you sign.

Also, request a copy of the report right on site.

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. A copy of the power of attorney is best attached to the move-in or handover report.

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

Is the apartment inspection mandatory?

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

In addition, many rental 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 you as a tenant to request an appointment for the handover.

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

Did the landlord confirm the date for the apartment handover to the tenant, but failed to show up for the appointment? In this case, you must assume that the landlord was prevented from attending on short notice.

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 an alternative date in good time that is before the end of the tenancy, this must be accepted.

Default of acceptance

However, if no alternative date can be found while the tenancy is still ongoing or if the landlord remains unreachable, the landlord enters default of acceptance (Annahmeverzug). Provided that you gave timely notice of termination and prepared the apartment for handover, the ball is now in the landlord's court. Even if they do not inspect 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 no later than the last day of the tenancy. Careful preparation is required not only for the tenant, but also for the landlord.

Among other things, they need to prepare the apartment inspection report, discuss cosmetic repairs with the tenant, and coordinate appointments. For the latter, more and more owners and managers are using property management software. This enables them to carry out an efficient tenant changeover. 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 the handing over of the keys and the transfer of responsibility.

During this appointment, existing defects and damages are compared with the move-in inspection report and recorded in the move-out handover report. Your signature confirms the accuracy of the report.

Damages caused by the tenant during the tenancy period will be deducted from the security deposit. For a smooth process, it is advisable to hand over the apartment in proper condition, whereby thorough cleaning is not required; a broom-clean handover is sufficient. Preparations such as recording meter readings and creating an inspection report help avoid ambiguities and potential conflicts.

By when must rent arrears be settled?

At the time of the tenant's move-out, all outstanding rent arrears must be settled. Otherwise, the landlord may deduct the outstanding costs from the security deposit.

Do rental agreements require a joint handover 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 the tenant changeover?

The tenant should be present during the handover of the apartment. In addition, you are generally required to allow viewing appointments for prospective replacement tenants. However, once the apartment has been handed over, these obligations cease. Finding a replacement tenant after proper termination, digital renting, or hiring a broker are not the tenant's responsibility.

Is the tenancy considered terminated 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, during which both the physical condition of the apartment is checked and the keys are handed over.

What belongs on the apartment inspection report?

All key details regarding the rental handover must be recorded in the handover report. This includes information such as the date, persons present, defects, and any agreements made.