Handing back the flat when you move out is the final and most important stage of a tenancy. A handover report (Wohnungsübergabeprotokoll) signed by both parties is strong evidence of the flat's condition in the event of a dispute.

Do you have to paint? Check whether the demand is lawful

You only have to paint when moving out if the contract contains a valid clause, for example because the flat was handed over renovated. If you received the flat in neutral colours and painted the walls in bold colours yourself, you will usually have to return them to a neutral colour.

What the handover report records

The report records the number of keys returned (including letterbox and cellar keys), the final readings of the electricity, gas, hot and cold water meters, and a complete list of any defects found, with their exact location.

What to do if the landlord makes unfair claims

Never sign a report containing wording in which you accept the cost of a disputed repair (“Mieter erkennt Schaden an”). You can sign the report with a note such as “Unterschrift nur als Anwesenheitsbestätigung, Mängel bestritten” (signature confirms attendance only, defects disputed).

The opportunity to fix defects yourself

Before hiring tradespeople and deducting costs from the deposit, the landlord generally has to give you a reasonable deadline (often one to two weeks) to fix justified defects yourself.

What to check

  • Clean the flat thoroughly before the handover, especially the bathroom and windows.
  • Fill the holes from wall plugs with suitable filler.
  • Photograph every corner of the empty flat in good daylight before the landlord arrives.
  • Record all meter readings in the report and ask for a second original copy.

Example situation

A tenant fills the holes in the walls, does the handover in daylight and has the report state “flat returned clean and well kept, without defects”, which helps him get his €1,800 deposit back.

Next step

The handover report records the final condition of the flat; if you have any doubts about the claims, do not sign an admission of liability.

Official information on this topic

Checklists and examples are organisational recommendations. Requirements depend on the procedure, the city and your situation; check them with the relevant office before you act. Please discuss legal and tax questions with an authorised professional.

This article was prepared with the help of AI. The example illustrates the approach and does not describe a client case.