Tenants do not need a reason to terminate a tenancy. However, they must of course comply with their obligations when moving out. But this also applies to you as the landlord. Both parties must comply with their rights and obligations so that the handover of the apartment can take place without conflict.
The aim of this article is to provide you with a checklist for handing over or accepting the apartment when moving out and practical tips. We have summarized what needs to be consideredwe have summarized for landlords.
Answers to the most frequently asked questions from landlords
Step by step we will now common questions from landlords that relate to the return of the apartment.
Are landlords and tenants obliged to hand over the apartment?
In short: Yesas the joint handover of the apartment protects both parties. A tenanttenant has moved out without moved out? No, that is not legal.
Why is it so important for the landlord and tenant to be present at a handover after moving out?
With the acceptance after the end of the tenancy, ...
- the condition of the apartment is checked in accordance with § 546 BGB.
- it is checked whether all cosmetic repairs have been carried out.
- any damage that goes beyond normal wear and tear is recorded.
- the handover protocol is drawn up.
Note: If the tenant does not attend the handover, we recommend that all landlords call in witnesses. In general, the situation should be documented photographically.
Note: If the landlord is represented by a property management company, this company can also take over the handover by proxy.
Joint acceptance of the apartment when moving out means that there are no misunderstandings about existing defects or damage later on.
What rights and obligations do landlords have under tenancy law in the event of defects when handing over an apartment?
The rights and obligations of landlords during the handover of an apartment are manifold. They also depend on specific circumstances.
ExampleIf a tenant has turned a white wall into a pink wall, for example, the following applies: The tenant is obliged to restore the wall to its original condition or to reimburse the landlord for the costs of the necessary work. The landlord can therefore assert his rights here.
| Rights of the landlord | Example / Explanation |
|---|---|
| Determination of the handover date | After receipt of the notice of termination within the notice period, the landlord can set the date for the handover and/or return of the keys. |
| Swept clean apartment | As the landlord, you have the right to hand over the apartment in a clean and tidy condition. Possible damage must be visible. |
| Entitlement to rectification of defects in the apartment | A distinction must be made between defects due to normal wear and tear and defects that go beyond normal wear and tear. Such defects include, for example, unusually painted walls or chipped bathroom tiles due to drill holes. |
| Retention of the deposit | The landlord can withhold the deposit for up to 6 months in order to check costs for cosmetic repairs that have not been carried out, for example. |
| Obligations of the landlord | Example / Explanation |
|---|---|
| Handover protocol | The landlord is responsible for the handover protocol. This is particularly relevant when there is a change of tenant |
| Damage in the apartment | The landlord should give the (former) tenant a deadline to remedy the defects. |
| Subsequent defects after apartment handover with protocol | Defects that are not recorded in the handover protocol are the responsibility of the landlord after the end of the tenancy. Unless there is evidence of deception on the part of the tenant. |
| Maintenance obligation | Landlords are responsible for the maintenance of the rented property. Defective heating systems or rust on pipes are of course not the responsibility of the tenants. Renovation costs of the separate property are the responsibility of the owner |
Handing over an apartment with defects - what should a landlord do?
As already mentioned, the condition of an apartment must be assessed according to defects with normal wear and tear and defects that go beyondmust be assessed. Is there a red wine stain on the carpet or are the tiles chipped? These defects go beyond normal wear and tear.
They may not correspond to the original condition of the apartment and must either be repaired by the tenant - or at the expense of the deposit. The The landlord has up to 6 months to withhold the deposit and to charge any costs for repairing the damage.
All Damage is recorded in the handover protocol. Make sure that the descriptions are as precise as possible. Both the tenant and the landlord should sign the report to confirm the measures discussed.
Apartment handover: What defects do landlords have to accept?
An apartment must be handed over swept clean by the tenant. This means that scratches in the wooden floor or slight discoloration on white walls can also be seen. Such defects must be accepted by the landlord when moving out. Also: The floor carpet was already 7 years old when you moved in? It shows new signs of wear when you move out? In this case, the landlord cannot expect the tenant to lay new carpeting. Because: The landlord may not demand more than the original condition of the apartment or the damaged item was.
The handover protocol is your support - here is a checklist
As promised, we have compiled a clear checklist for the handover protocol of the apartment handover when moving out for you. The key aspects are set out here. Depending on the situation, you should individualize the checklist of the protocol. You can now download this checklist, save it or print it out:
Tips for a smooth apartment handover
To summarize: How the apartment handover works smoothly at the end of the tenancy agreement:
- Creation of a checklist for the apartment handover
- Photographic recording of all rooms and any defects when inspecting the apartment
- Clear communication with the tenant about rights and obligations
- Discussion and clarification of renovation and repair work
So that nothing is forgotten: Your property management company helps with the apartment handover
Landlords face a handover more often than they think. Yet it is not a complicated process - but one that needs to be carried out carefully. We face particular challenges when there are potential conflict situations. Especially if the handover of the apartment is to take place quickly when the tenant moves out, so that vacancies can be avoided and a new tenant can move in quickly. If you as a landlord own not just one apartment, but an entire residential complex, you need structure, order - and time.
You will find support from a property management companythat takes over the management of your condominium. For general rental management also includes the letting your apartments yourself. Let us advise you now. We'll take the pressure off your shoulders.
