Flat handover protocol: what must be included and the effect of your signature

Moe Afonso · 2026-10-13

The handover protocol is not required by law, but it is the most important piece of evidence regarding the condition of the flat. It documents who received which keys, the meter readings, and, above all, which defects already existed or occurred when moving in or out. Without a protocol, it is difficult for landlords to hold the tenant liable for damage at a later date.

We show the content and process for moving in and out, the deadlines thereafter, and calculate what a missing protocol costs.

01Why the protocol is so important

Lawyers speak of a "negative acknowledgement of debt" when a landlord accepts the flat back without comment or signs a protocol that does not list any defects. If a scratch in the parquet or a broken tile is not recorded, it is legally considered as "not existing" at the time of return – or as accepted.

For the landlord, the protocol is the basis for:

1. Withholding the deposit: Only documented damage justifies keeping parts of the deposit.
2. Compensation: To claim the costs for a professional repair, the landlord must prove that the damage was not there when the tenant moved in and was there when they moved out.

02What must be in the protocol?

A good protocol leaves no room for interpretation. It should follow a clear structure:

• General information: Date and time of handover, address of the flat, names of all participants (landlord, tenant, witnesses).
• Meter readings: Electricity, water, heat (with meter numbers!). This is the only way to ensure correct billing of service charges.
• Keys: Number and type of all handed-over keys (house, flat, cellar, mailbox, garage).
• Room-by-room condition: Every room (including cellar and balcony) is inspected. Meticulously note:
• Condition of the walls and ceilings (painting, wallpaper).
• Condition of the floors (scratches, stains, pressure marks).
• Function of windows and doors.
• Condition of sanitary facilities (kalk, cracks, drainage).
• Function of electrical appliances (if part of the rental).
• Photos: Take photos of defects and meter readings. The photos should be clearly assignable to the protocol (e.g., via a photo number in the text).
• Signatures: Both parties sign. Each receives a copy (digitally or on paper).

03The process: Moving in vs. Moving out

When moving in (Handover)

The focus here is on protecting the tenant. The landlord should be interested in an honest protocol to avoid discussions later.

• Tip: If the tenant discovers defects in the first few days that were overlooked during the handover, these should be added to the protocol in writing (with a deadline for the landlord to acknowledge them).

When moving out (Return)

This is the critical moment for the landlord. The return should ideally take place during daylight and in an empty flat.

• Comparison: Take the protocol from when the tenant moved in and compare the condition.
• Normal wear and tear: The tenant is not liable for normal signs of use (e.g., slight marks on the floor where a cupboard stood). They are liable for damage (e.g., deep scratches, broken glass, mould due to incorrect ventilation).

04Calculation: What a missing protocol costs

Without a protocol, the landlord bears the "burden of proof." They must prove that the tenant caused the damage. In court, this often fails.

Example: Damaged parquet floor

• Repair costs: Sanding and sealing the parquet in the living room costs approx. €1,200.
• Situation A (with protocol): The protocol from when the tenant moved in shows "Parquet flawless," the move-out protocol shows "Deep scratches in the living room." The landlord can deduct the €1,200 from the deposit (considering "new for old" if applicable).
• Situation B (without protocol): The tenant claims the scratches were already there. The landlord has no written proof and no witness. The court awards the tenant the full deposit.
• Loss for the landlord: €1,200 plus possible court and lawyer fees.

05Checklist for the handover

1. Light: Handover only during daylight or with very good lighting.
2. Cleanliness: Is the flat "broom-clean" or as vereinbart?
3. Function: Test all taps, toilet flushes, shutters, and kitchen appliances.
4. Completeness: Are all keys there? (Loss of a master key can be very expensive!)
5. Documentation: Photos of all defects and all meter readings.

06Conclusion

A handover protocol takes 30 to 60 minutes, but it can save several thousand euros and a lot of nerves. For capital investors, it is a professional duty. If you cannot be there yourself, you should authorise a property manager or a reliable person in writing.