Apartment handover protocol

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An apartment handover protocol (also known as the rental apartment handover protocol ) is a written record of the condition of a rental property when it is handed over to the tenant when moving in or to the landlord when moving out. It is used to record any damage caused by the tenant or existing defects in the apartment when moving in or moving out. The benefit of an apartment handover protocol lies in the possibility of preventing possible discrepancies with regard to the condition of the rental property at the time of handover.

Application and purpose

It is true that the application and preparation of an apartment handover protocol when moving into or out of a rented apartment is not legally required. However, it is recommended , for example by the German Tenants' Association and the Real Estate Association of Germany, to draw up a protocol when handing over the apartment, as this can help avoid disputes between the landlord and tenant regarding the condition of the apartment upon handover.

The justification and definition of cosmetic repairs and other renovation and repair projects regulated in the lease can thus be based on such a protocol. The responsibility for any damage is also more comprehensible with an apartment handover protocol. In general, the German Real Estate Association recommends handing over the apartment in daylight in order to be able to clearly identify any damage that is difficult to see and to be able to record it in the apartment handover protocol.

Form and content

With regard to the form and the content, there are also no special legal requirements. Since an apartment handover protocol should record the condition of a rental property at the time of handover, the following data must be given:

  • Date of handover
  • Date of moving in and out
  • Mention of the rental property, possibly equipment
  • Mention of the landlord, tenant and any witnesses
  • identified defects and damage (housing defects, damaged facilities)

In addition, the following points can be recorded in the apartment handover protocol:

For mutual recognition of the apartment handover protocol, this must be signed by the landlord and tenant and, if necessary, by witnesses , and multiple copies can be handed over to the respective parties after the apartment inspection has taken place.

Legal provisions for the apartment handover protocol

The creation of an apartment handover protocol is neither described nor prescribed in German tenancy law . However, in the event of discrepancies between the landlord and the tenant with regard to the elimination of possible defects, both parties are obliged to provide evidence . However, since it is usually difficult to provide evidence of the cause of damage after the apartment has been handed over, an apartment handover protocol can prevent these difficulties. If tenants or landlords refuse to draw up an apartment handover protocol, they cannot be legally required to do so. There is, however, the possibility of carrying out a corresponding passage through the apartment with witnesses and recording the defects discovered in a record. The signatures of the tenant, landlord and, if applicable, witnesses are of great importance for the approval of an apartment handover protocol in court .

literature

  • Deutscher Mieterbund (Ed.): The tenant lexicon. Edition 2009/2010. ISBN 978-3-442-17092-0 .
  • Deutscher Mieterbund (Ed.): Housing deficiencies and rent reduction. 2009 edition. ISBN 978-3-933091-82-6 .
  • House and reason (ed.): The new tenancy law. 2004 edition. ISBN 3-927776-65-3 .
  • Schmidt-Futterer, Herbert Blank (ed.): Tenancy law. Comment. 10th edition. CH Beck Verlag, Munich 2011, ISBN 978-3-406-60286-3 .
  • Heiko Ormanschik (Ed.): Housing rental law - coming into being , rights and obligations of those involved, termination and settlement. Edition 2008, ISBN 978-3-8305-1296-7 .

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