Apartment Handover Checklist: Prevent Unfair Deductions (+ Protocol)
Moving Out: When Your Landlord Suddenly Sees Damage Everywhere
The lease is terminated, the moving boxes are packed. Then comes the apartment handover — and suddenly the landlord discovers scratches in the parquet, a stain on the wall, and a supposedly broken roller shutter. The deposit? To be withheld for now. If this scenario sounds familiar, you're not alone. The apartment handover is one of the most common disputes in German rental law — and many tenants pay without having to.
The Handover Protocol: Your Most Important Document
During the apartment handover, a protocol is created documenting the apartment's condition. Both parties — tenant and landlord — sign it. Anything not in the protocol becomes very difficult for the landlord to claim later.
Important: You are not obligated to sign a handover protocol. If the landlord lists damage you didn't cause, you can refuse to sign or add a note ("Damage was present at move-in" or "Not acknowledged").
Did you not receive a handover protocol at move-in? That significantly weakens the landlord's position. They must then prove that the claimed damage occurred during your tenancy — which without a move-in protocol is often nearly impossible.
Normal Wear and Tear vs. Damage
The most important distinction at handover:
| Normal wear and tear (you don't pay) | Damage (you may have to pay) |
|---|---|
| Slight discoloration on walls | Large holes in walls (not from anchors) |
| Walking marks on parquet/laminate | Deep scratches or burn marks on flooring |
| Yellowed light switches | Broken window panes |
| Limescale on faucets | Damaged plumbing fixtures |
| Furniture imprints on carpet | Large-scale stains on carpet |
| Anchor holes in normal amounts | Major structural modifications |
The principle: everything caused by normal use is the landlord's responsibility. Parquet wears down, walls discolor, faucets get limescale — that's not damage.
What the Landlord Must Prove
If the landlord wants to deduct from the deposit, they carry the burden of proof. They must demonstrate:
- That the damage wasn't present at move-in
- That the damage exceeds normal wear and tear
- That you caused the damage
Without a move-in protocol documenting the initial condition, this becomes very difficult.
How to Protect Yourself at Handover
1. Photos at move-in Photograph every room when you move in — walls, floors, windows, kitchen, bathroom. Ideally with timestamps. These photos are your shield at move-out.
2. Your own move-in protocol If the landlord doesn't create one, make your own. List all existing defects. Send a copy by email to the landlord — this creates documentation.
3. Bring a witness to the handover Take someone you trust to the apartment handover. In a dispute, a witness is invaluable.
4. Don't sign under pressure The landlord is pushing you to sign immediately? You don't have to. You can take the protocol home, review it, and return it with reservations noted.
5. Add notes to the protocol If you disagree with a point: write it directly into the protocol. "Scratch was present at move-in" is an effective note.
Common Landlord Tactics
- Reporting damage after the fact: The landlord "discovers" damage weeks after the handover. If it's not in the protocol, that's their problem.
- Full renovation at tenant's expense: Invalid if the cosmetic repair clause in the lease is invalid (which is the case in many older contracts).
- Inflated repair costs: The landlord has the entire floor sanded because of one small scratch. You only owe proportionate repair — not a complete renovation.
- Endlessly delaying deposit return: The landlord must return the deposit within a reasonable timeframe. The norm is 3 to 6 months, maximum 12 months.
A Typical Case
A tenant moves out of an apartment in Munich after five years. At the handover, the landlord notes: scratches in the parquet, drill holes in the wall, discoloration in the kitchen. They withhold the entire deposit of €2,400 and demand an additional €800 for a "complete renovation."
The tenant objects. The move-in protocol already documented the parquet scratches. The drill holes were in normal amounts (anchors for shelves). The kitchen discoloration — normal wear and tear after five years. The local court rules in the tenant's favor: the landlord must return the full deposit plus interest.
When to Get Help
If the landlord demands deductions that seem unfair, a quick review is worth it. The Mieterverein can assess the handover protocol and the claims. A specialist attorney can draft a demand letter if the deposit isn't being returned.
And as a first step: ask MieterHelfer.
Why MieterHelfer Helps with Handover Disputes
"My landlord wants to deduct €1,500 from the deposit for scratches and drill holes — is that allowed?" Describe the situation, and MieterHelfer explains what counts as normal wear and tear, which deductions are legitimate, and how to fight back.
Free, no registration, instantly available. Not a replacement for a lawyer — but the right first step when your deposit is at stake.