Handing back a flat takes thirty minutes and decides several thousand euros. Go unprepared and you often end up signing things that cannot be corrected later.
The handover protocol is your most important document
Without a protocol it later comes down to one word against another — and in practice that is the weaker position for tenants. The protocol should record the condition of every room, all meter readings with meter numbers, the number of keys handed over and, explicitly, what is in good order too.
Do not sign a protocol listing defects you do not accept. You may object and have your objection noted in the document itself. A "subject to reservation" next to your signature is permissible and protects you.
Which cosmetic repairs do you actually owe?
Considerably less than many landlords claim. The Federal Court of Justice has repeatedly ruled rigid schedules invalid: a clause requiring repainting after a fixed number of years — regardless of actual condition — is invalid, and the entire obligation falls with it.
Equally invalid is an obligation to return a flat renovated when you took it over unrenovated. So check your lease carefully before reaching for a brush — when in doubt, a short consultation with a tenants' association is worth more than a weekend of painting.
What you owe in any case: filling drill holes, handing the flat over broom-clean, and removing fixtures you installed yourself, unless agreed otherwise.
When does the deposit come back?
The landlord may retain the deposit for a reasonable period to assess claims. Three to six months is customary. If a utilities statement is still outstanding, they may hold back a proportionate amount for longer — but only that share, not the full sum.
Request the deposit in writing with a deadline once that period has passed. If the landlord does not respond, a tenants' association or a specialist lawyer is the sensible next step.
Checklist for the handover appointment
- Read all meter readings and photograph them as well
- Count every key — including cellar, letterbox and garage
- Photograph the flat beforehand, with a date
- Read the protocol calmly, sign nothing under time pressure
- Take a copy of the signed protocol with you
- Have mail forwarding and address changes already done