The Übergabeprotokoll is a jointly prepared document recording the condition of an apartment at move-in and move-out. It protects you from unjustified deductions from your security deposit (Kaution). Its absence is the single most common cause of disputes between tenants and landlords in Germany.
Where and how much does it cost?
Ready-made templates are available free from the Deutscher Mieterbund (German Tenants’ Association) online. You can also draft it yourself. Both parties sign both copies. Photograph every room from multiple angles — the date embedded in the EXIF metadata carries the same evidential weight as a date in the written protocol.
Common mistakes
Showing up to the walkthrough alone. Besides you and the landlord, it’s worth bringing a third, uninvolved person — a neighbour, a friend, your future flatmate. In a dispute, a witness’s signature carries more weight than your word against the landlord’s.
Forgetting the secondary spaces. The cellar, attic, garage, balcony, mailbox, and the number of keys for each also belong in the protocol — not just the rooms of the flat itself.
Not keeping your own signed copy. The protocol is drawn up in two copies — you should leave with your own, signed by both sides. A verbal promise to “send it later” often goes nowhere.
Mixing up normal wear with damage. Under § 538 BGB, a tenant isn’t liable for wear from ordinary use — worn flooring, faded wallpaper, light marks from furniture. Don’t sign off on something as “tenant-caused damage” if it’s simply the normal result of living there.
Moved in without a protocol — at move-out the landlord presented a €1,200 bill for 'damage' that was already there. Nothing to prove. Draw up the protocol in the first 30 minutes after getting the keys, even if the landlord seems to be in a hurry.
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Lea recommends:
Signed the protocol without reading it — the landlord had pre-filled everything. Bathroom defects weren't listed. At move-out, €800 was deducted from the deposit. Read every line before signing, or ask for time to review it properly.
FREQUENTLY ASKED QUESTIONS
What must be recorded in the protocol?▾
Condition of walls, floors, windows, doors and bathroom fixtures; readings on all meters (electricity, gas, water); number of keys handed over; a complete list of defects with descriptions and dated photos. The more detail, the better protected you are.
What if the landlord invents damage that doesn't exist?▾
Film the entire walkthrough. Write your objections directly on the protocol next to your signature. Send the landlord a written list of your disagreements by registered mail within 10 days of signing.
Do I need a protocol when moving into the new apartment, or only when leaving the old one?▾
Both, without exception. Any defect not noted at move-in will be attributed to you at move-out. A cracked tile, a scratch on the floor — document everything, even things that seem trivial.