The Wohnungsübergabe (apartment handover) when you move out of a German rental determines whether you get your Kaution (deposit, up to three months cold rent) back in full. Landlords frequently attempt to deduct for items they cannot legally charge for. Knowing the rules prevents you from paying unnecessarily.
The Übergabeprotokoll
At handover, you and the landlord (or their representative) walk through the apartment and sign an Übergabeprotokoll (handover protocol) documenting the state of each room. This is the key document. Read every line before signing. If you disagree with any listed damage, write your objection directly on the protocol before signing. Once you sign without objection, you’ve implicitly accepted the listed state.
If the landlord refuses to give you a copy of the signed protocol, they cannot use it as evidence against you. Request a copy in writing (via SMS or email, keeping evidence) at the handover.
What You Must Return in Good Condition
- Apartment cleaned to the standard it was in at move-in — not necessarily professionally cleaned unless explicitly in the contract
- All keys (including any duplicates you made)
- Any fittings you installed must be removed and holes filled, unless agreed otherwise
- Normal wear and tear (Gebrauchsspuren) does not require repainting or repair — this includes small nail holes, minor scuffs on walls, worn floor areas
What Landlords Cannot Charge For
Schönheitsreparaturen (cosmetic repairs): German courts have struck down most standard lease clauses requiring tenants to repaint apartments on a fixed schedule. If your lease contains a Schönheitsreparaturen clause with fixed intervals (e.g., “repaint every three years”), it’s likely legally invalid. Check with a Mieterverein (tenants’ association) before repainting on the landlord’s demand.
Normal wear and tear over the tenancy period is the landlord’s cost, not yours. A carpet worn from normal use after five years is not your liability. A burn hole in the carpet is.
Renovation costs for anything that was already worn at move-in are the landlord’s responsibility — documented in the move-in protocol you signed at the start of your tenancy. Retrieve that document before handover.
Professional Cleaning
Many leases include a clause requiring “professional cleaning” (professionelle Endreinigung) on departure. Courts have divided on enforceability; in Bavaria and some other states, these clauses are typically enforceable. In Berlin and Hamburg, they often are not. If your lease includes it and you’re in doubt, do a thorough cleaning yourself and photograph everything, then decide based on your specific contract and state.
Getting the Kaution Back
The landlord has a reasonable period — typically two to six months — to review costs and return the Kaution, minus legitimate deductions. After six months with no return or explanation, write a formal demand letter (Aufforderungsschreiben) with a 14-day deadline. If still nothing, file a claim at the Amtsgericht (local civil court) — the process is straightforward and cheap for amounts under €5,000.
Document everything: take timestamped photos and video of every room and surface at handover. Email them to yourself immediately to establish the timestamp.
