At the handover of a flat, it is often decided whether you get your deposit back or have to fend off claims. The handover protocol (Übergabeprotokoll) records the condition in which the flat was returned. Whoever documents defects carefully creates a reliable basis for both sides.
Short answer: Claims by the landlord for damage or deterioration of the flat become time-barred after six months under section 548 BGB. The period only starts once the landlord has received the flat back. A carefully kept handover protocol helps to prove its condition. Last updated: November 2026.
The most important points in brief
- The protocol records the condition of the flat on return and serves as evidence for both sides.
- Under section 548 BGB, the landlord’s claims for compensation have a limitation period of six months, which starts with the return of the flat.
- Check meters, keys, walls, floors, windows, bathroom and kitchen room by room.
- Photos with a date add to the protocol and make defects easier to trace.
- Do not sign anything you have not checked, and ask for a copy.
Why the protocol matters so much at the end
When moving out, the same questions usually come up: what was already there, what comes from normal wear and what is new? A protocol answers these questions well only if it is concrete. General statements such as “flat in order” hardly help in a dispute.
The deadline also matters for the question of which claims the landlord can still pursue. Under section 548 BGB, claims for compensation for changes to or deterioration of the rented property become time-barred after six months. The period begins when the landlord gets the flat back. This does not mean that you have to accept every claim without checking it. It only means that a clear date for the return should be recorded.
Which points belong in the inspection?
The handover is an appointment at which you go through all rooms calmly together with the landlord or a person they have authorised. The table below shows what to look at and what belongs in the protocol.
| Area | What to check and record |
|---|---|
| Meter readings | Note electricity, gas, water and heating readings with date and value |
| Keys | Number of keys handed over, front door, letterbox, cellar |
| Walls and ceilings | Holes, stains, mould, cracks, wall plug marks |
| Floors | Scratches, burn marks, dents, discolouration |
| Windows and doors | Seals, handles, locks, damage to frames |
| Bathroom and kitchen | Fittings, tiles, silicone joints, appliances that belong to the flat |
Write down what you see for each point, not only that something is “fine”. If you notice a defect only after the appointment, record it with a date and send your addition to the landlord in writing.
How should you run the handover?
An appointment often takes longer than expected. Plan enough time and go through the flat with a printed checklist or a protocol form. Many tenants also take photos or short videos before they remove furniture or hand over the flat in a broom-clean state.
- Record meter readings and keys first, before you change anything.
- Go through each room separately and document defects with a photo and a date.
- Note open points in the protocol instead of passing over them silently.
- Keep a copy of the signed protocol and add it to your papers.
What if there is no protocol?
Whether a missing protocol changes a later dispute depends on the individual case and cannot be answered in general terms. As a rule, it is advisable to secure other evidence. Dated photos, messages to the landlord and witnesses from your surroundings can then play a role. Whether such evidence is sufficient in your case is best checked with a tenants’ advice service or a lawyer.
It is important not to describe the condition only after the fact. The closer the documentation is to the handover, the easier it is to classify. A photo taken on the day of return is worth more than a memory of a few weeks later, even though a photo alone does not settle every question.
What does not belong in the protocol?
A handover protocol is not a statement of account. The amount of the rental deposit, back payments and claims from the service charge statement belong in separate letters and checks. The return of the deposit has its own deadlines and rules, which are described in the guide on getting the rental deposit back.
Whether redecoration (Schönheitsreparaturen) is owed is a separate topic too. The protocol records the finding, while the legal assessment follows separately.
Frequently asked questions
Do I have to attend the handover?
If you are returning the flat, it is strongly advisable to be present at the handover. Only then can you discuss defects directly, take photos and sign the protocol together. If you cannot attend, at least send a written statement.
Do I have to sign the protocol?
You should only sign what you have checked and what matches the facts. If you do not agree with a finding, write your comment directly into the protocol. Your signature confirms the content, so the protocol should be complete before you sign it.
How long does the landlord have to assert damage?
Under section 548 BGB, the landlord’s claims for compensation for changes to or deterioration of the flat become time-barred after six months. The period begins with the return. For questions about a specific case, an advice service can help.
What about damage I did not cause?
If you find a defect at the handover that you did not cause, note it immediately. Add since when you knew of the condition, if that is recognisable. This makes it easier later to separate what existed at which point in time.
You will find further information on defects and rights during the tenancy in the guide Mould in a shared flat: what tenants may and may not do.
What to do now
- Plan a joint appointment for the handover and ask for a checklist.
- Document all rooms with photos, meter readings and the number of keys.
- Note every defect in the protocol before you sign.
- Keep the protocol and the photos until the rental deposit has been settled.
Related reading
- Living in a Student Flat: Rent, Shared Flats, Dorms and Housing Benefit
- Getting your rental deposit back after moving out: deadlines and statement
- Checking the service charge statement: deadline, inspection and typical errors
- Mould in a shared flat: what tenants may and may not do
- Finding a replacement tenant: how to leave a lease early
Sources:
Last updated: November 2026. This guide is general information, not individual advice.
