Move-in (Date)

Move-in Date - The move-in date refers to the agreed-upon day on which a new tenant or buyer receives the keys to a property and is officially permitted to move into the apartment or house. It is specified in the contract and marks the start of the tenancy or the transfer of ownership and use in the case of a purchase agreement. The move-in date has both practical and legal significance for all parties involved.

Legal Basis and Contract Drafting

The move-in date is part of the lease or purchase agreement and should always be clearly agreed upon in writing:

• In the lease agreement: The start of the lease is governed by § 535 of the German Civil Code (BGB). From this date on, the landlord is obligated to hand over the apartment in a condition suitable for use, and the tenant is obligated to pay the rent.
• For real estate purchases: The handover date (title, use, encumbrances) is specified in the notarized purchase agreement and is usually 4-8 weeks after notarization, once the purchase price has been paid in full.
• Handover Report: A property handover report should always be prepared on the move-in date, documenting the condition of the property, meter readings (electricity, gas, water), and the number of keys.
• Key handover: The keys are usually handed over in person on the move-in date-ideally in the presence of both parties.

Important: If the landlord cannot meet the move-in date (e.g., because the previous tenant has not yet moved out), the tenant is entitled to compensation.

Checklist for Moving In

Proper preparation for moving day saves you hassle and costs:

Before moving in:

• Check the lease or purchase agreement for the correct date
• Plan to re-register with the City of Nuremberg or local municipality (deadline: 2 weeks after moving in)
• Set up electricity, gas, and internet service in a timely manner
• Organize a moving company and helpers
• Activate liability and home contents insurance effective the move-in date

On move-in day:

• Fill out and sign the apartment handover report
• Read all meter readings and document them with photos
• Receive all keys and confirm the number
• Inspect the apartment for defects and note them in the report

Move-in Date When Buying Real Estate: Transfer of Ownership and Insurance

When purchasing real estate, the move-in date involves more legal complexities than in a rental agreement. With the transfer of ownership-the day the buyer receives the keys-not only does the physical right to use the property change, but so does the financial responsibility for it. From this date on, the buyer is responsible for property taxes, ongoing operating costs, and building insurance-either by assuming the seller’s existing policy (automatic transfer under § 95 VVG) or by taking out their own insurance. We strongly recommend that buyers clarify their building insurance no later than two weeks before the move-in date: either cancel the assumed policy (special right of termination within one month after transfer of ownership) and take out their own, or review the existing policy and adjust it if necessary. The move-in date is usually followed by the transfer of ownership in the land registry-until the title is transferred, the seller remains the formal owner, which has no practical implications since the buyer is protected by the priority notice of conveyance.

Practical Tip for Property Owners in Nuremberg and Franconia

In Nuremberg and the metropolitan region, popular move-in dates are the 1st and 15th of the month. We recommend that landlords confirm the move-in date at least 2-3 weeks before the planned date so that tenants can arrange for electricity, gas, internet, and change of address in a timely manner. The change of address is handled at the City of Nuremberg’s citizen service offices (Marienplatz, Plobenhofstraße, or the respective district office)-in high-demand neighborhoods such as Gostenhof, Südstadt, or St. Johannis, it is advisable to book an appointment online well in advance via the Nuremberg city portal, as waiting times of several weeks are not uncommon. As a landlord, you can protect yourself from future disputes over pre-existing damage by carefully completing a handover report-timestamped photos of every room are essential as supplementary documentation. For properties for sale in Nuremberg, buyers should also check early on whether a parking space, basement storage unit, or garden area is included with the property and whether these will also be handed over and documented upon move-in.

Frequently Asked Questions

Does the move-in date always have to fall on the first of the month?

No. The move-in date can be set for any day. If it falls on a day other than the first of the month, the rent for the first month is calculated on a pro-rata basis-so if moving in on the 15th, the tenant pays half the monthly rent. Many tenants and landlords still prefer the first of the month, as this simplifies monthly rent billing and clearly delineates any utility bills. For purchase agreements, the handover date is based on receipt of the purchase price, not on monthly deadlines.

What happens if the apartment has defects when moving in?

Defects discovered upon moving in must be documented in the handover report. The landlord is obligated to hand over the apartment in a condition that complies with the contract. In the case of significant defects-such as a broken heating system in winter or severe water damage-the tenant may reduce the rent (typically by 10-20% depending on the severity) or, in extreme cases, withdraw from the contract. Document all defects with photos and request in writing that the landlord remedy them within a reasonable timeframe. If the landlord remains silent or fails to act after the deadline, this may entitle you to carry out the repairs yourself and claim reimbursement of costs.

Can the move-in date be postponed at short notice?

A postponement is generally possible but requires the written agreement of both parties. If the delay is caused by the landlord through no fault of the tenant, the tenant is entitled to compensation-this includes costs for temporary hotel accommodation, double rent payments for the old and new apartments, or storage costs for furniture that has already been moved. Landlords should therefore only commit to dates that are realistically achievable and include provisions in the lease agreement to protect themselves in case the previous tenant vacates the property later than planned. A clear contractual provision regarding liability for damages in the event of a delay creates incentives for all parties involved to adhere to the agreed-upon date.

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