Apartment Handover

Apartment Handover - The apartment handover is the formal procedure in which the rental property is handed over between the landlord and tenant when the tenant moves in or out. It serves to provide a complete record of the apartment’s condition and the transfer of keys.

Procedure and Documentation of the Apartment Handover

The apartment handover takes place both when the tenant moves in and when they move out and is a crucial moment in the tenancy. Although it is not expressly required by law, it has become an indispensable practice to avoid future disputes regarding the condition of the apartment.

The centerpiece of the handover is the handover report. It records all relevant details in writing: the condition of all rooms, including walls, floors, ceilings, windows, and doors; existing defects and damage such as scratches, cracks, or moisture stains; the meter readings for electricity, gas, and water; and the number and type of keys handed over. Both parties should sign the report on-site. We also recommend supplementing the documented condition with timestamped photos.

During the move-in inspection, the new tenant checks the apartment for existing defects and may request that the landlord remedy them. Any pre-existing damage should be noted in detail in the report so that the tenant is not held liable for it upon moving out. The meter readings are taken and reported to the respective utility companies.

During the move-out inspection, the condition of the apartment is compared to the move-in report. The tenant is generally obligated to return the apartment in a broom-clean condition-meaning roughly cleaned, free of personal belongings, and with coarse dirt removed. The landlord may only require a professional deep cleaning if this was effectively agreed upon in the lease agreement. All keys-including duplicate copies-must be returned in full.

Obligations and Rights Upon Return in Case of Defects

The tenant must generally return the apartment in a condition that corresponds to contractual use. Normal signs of wear and tear-such as marks on floors, slight discoloration on walls, or minor scratches-are considered part of the contractual use and are the landlord’s responsibility. Any damage beyond this, such as drill holes in tiles, damaged door frames, or burn marks, must be repaired or replaced by the tenant.

The cosmetic repair clauses frequently included in lease agreements oblige the tenant to perform renovation work under certain conditions. However, the Federal Court of Justice (BGH) has declared rigid schedules and the obligation to renovate upon moving into an unrenovated apartment without reasonable compensation to be invalid. If the landlord identifies defects during the handover that go beyond normal wear and tear, they may demand compensation for damages or withhold the security deposit accordingly.

Practical Tip for Nuremberg and Franconia

In the Nuremberg metropolitan region, disputes regarding apartment handover and security deposit refunds are among the most common conflicts under tenancy law. We recommend that both landlords and tenants involve a neutral witness during the handover and make the handover report as detailed as possible. Particularly in older rental apartments in neighborhoods such as Maxfeld, Muggenhof, or Nuremberg’s Old Town, special attention should be paid to the condition of wooden floors, casement windows, and plumbing fixtures. In the event of disagreements regarding damage or renovation obligations, mediation can be arranged through the Nuremberg Tenants’ Association or the city’s arbitration board before a costly legal dispute arises.

Frequently Asked Questions

What must be included in the handover report?

A complete handover report includes the date of handover, the names of both parties, a room-by-room description of the condition with a list of all defects and damages, the current meter readings for electricity, gas, and water, the number and type of keys handed over, and, if applicable, agreements regarding any outstanding work. Both parties receive a signed copy. Supplementary photos significantly increase the evidential value.

Does the tenant have to renovate the apartment when moving out?

This depends on the validity of the cosmetic repairs clause in the lease agreement. Rigid schedules (e.g., “kitchen and bathroom every three years”) are invalid according to the case law of the Federal Court of Justice (BGH). Even if the tenant moves into an unrenovated apartment, they cannot be required to renovate upon moving out without reasonable compensation. If there is a valid clause and there is an actual need for renovation, the tenant must carry out the usual work-painting, wallpapering, varnishing-in a professional manner.

What does “broom-clean” mean when returning the apartment?

Broom-clean means that the apartment must be roughly cleaned, free of personal belongings, and cleared of coarse dirt. This includes sweeping all rooms, removing cobwebs and coarse dust, and cleaning the bathroom fixtures. This does not refer to a professional deep cleaning or the cleaning of individual built-in appliances such as an oven or range hood, unless the lease agreement effectively stipulates otherwise.

How long does the landlord have to refund the security deposit after the tenant moves out?

There is no legally prescribed deadline in the German Civil Code (BGB)-however, the Federal Court of Justice (BGH) has clarified on multiple occasions that the landlord is entitled to a “reasonable period for inspection and settlement,” which is typically set at three to six months in case law. Within this period, the landlord may review and, if necessary, withhold claims arising from defects, outstanding utility bills, or damage. Tenants who have not received a response after six months may send a written demand for the security deposit and subsequently pursue it in court. In Nuremberg, the local courts of Nuremberg and Fürth have jurisdiction over such claims. We recommend that landlords actively communicate which costs will be claimed during the review period-this avoids unnecessary disputes and protects against late payment interest on the withheld amount.

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