Create a flat handover protocol: This is how you protect yourself!
With a flat handover protocol, both tenants and landlords play it safe. It is the ideal preventive measure to avoid conflicts. Nevertheless, there are some special features to be taken into account when drawing it up. There is no legal framework that specifies what the structure of a handover report should look like. Therefore, you are not obliged to have a protocol drawn up at all – which is, however, not recommended.
Make sure that no difficulties arise when you move out. In the following, we will show you what is important when you want to draw up a flat handover protocol.
Reasons that speak in favour of a flat handover protocol
When you move out, you often notice damage that was hidden until then. Who was
responsible for the scratch under the carpet? Was the small crack in the window already
there before moving out? And how many keys did you get when you moved in? All these
questions harbour immense potential for conflict, unless you have formal security.
In case of doubt, you as the tenant are obliged to prove that the damage was not caused by
you. In addition, it is possible for the landlord to claim damages afterwards. Legally,
landlords have the option to retain the deposit for six months. Within this period, further
damages or complications may occur. Consequently, many reasons speak in favour of a
protocol, both before moving in and after moving out.
The flat handover protocol protects you from unjustified claims, such as damage caused by
the previous tenant . Therefore, you should take enough time to meticulously record all
damages. This is the only way you will be able to protect yourself from claims by the
landlord. It will also help you to get your deposit back from the landlord.
Your advantages in summary:
● Security for tenants and landlords
● Protection against unjustified claims
● Minutes as important evidence in court disputes
● Preventive prevention of conflicts
● Claims to deposit repayment remain intact
Handing over the flat - obligations for tenant & landlord
When handing over a flat, both parties – tenant and landlord – have obligations. In order to
avoid problems, it is advantageous to set a date for the handover of the flat as early as
possible. We will inform you about everything important , so that you can prepare for the
handover of the flat.
On the one hand, the landlord has a legal obligation to ensure that you as a tenant can move
into the new flat on time. After all, you have to leave your old flat, so it is basically not
possible to stay in the old flat if there are time delays. If the landlord is grossly negligent, you
have the right to compensation.
On the other hand, there are also obligations for you as a tenant. You must return the flat –
according to the German Civil Code (BGB) – on the last day of the contractual rental period
at the latest. If you do not fulfil your obligations, the landlord can demand compensation from
you, which is based on the local rental price.
Procedure for handing over the flat
On the day the flat is handed over, the tenant, landlord and, if applicable, the next tenant
meet. In the course of this, the flat is checked for condition. The flat handover protocol is
also drawn up at the handover of the flat and signed by both parties. It is important that you
leave yourself enough time. Your signature confirms that the information you have given is
correct. This means that you cannot make any changes afterwards.
For your own safety, you can include another person who signs the protocol as a witness.
This gives you an additional witness who has seen the existing damage and confirmed it
with his or her signature. But be careful: If you are not present yourself and give power of
attorney to another person, you should bear in mind that you are liable for mistakes.
Consequently, it should be a person you trust.
Formal requirements for the protocol - Important impulses for the preparation
You should gather as much important data as possible so that you can cover yourself
comprehensively. That is why we show you which information is essential. This already
starts with basic data. The protocol should include all parties who are present at the
handover. Along with this, the address of the flat as well as the floor should be recorded in
writing. The date should also be noted in the protocol.
Then record the details in the flat handover protocol. Record all damage, even supposedly
minor things, in the protocol. Because you don't know whether the small things will cause
high costs in the worst case. Example: If an old tile in the bathroom is damaged that is no
longer available on the market, there is a risk that all tiles will have to be replaced. This
results in much higher costs than you might suspect at first.
In addition, have the metre readings for gas, electricity and water as well as the number of
keys entered. Finally, it is advisable to add the note that the flat has been handed over in a
clean and swept condition.
Conclusion
Leave nothing to chance when it comes to handing over your flat. Never rely on verbal agreements. With a handover protocol you have solid evidence if complications should arise afterwards .
Do you have any questions about renting flats or houses? Get in touch with us! We will be happy to advise you.
Legal notice: This article does not constitute tax or legal advice in individual cases. Please consult a lawyer and/or tax advisor to clarify the facts of your specific individual case.
