Übergabeprotokoll for Landlords: document it right (2026)

What is an Übergabeprotokoll?

The Übergabeprotokoll (handover inspection record, often Wohnungsübergabeprotokoll) is the written record of a flat's condition at the moment of handover – at move-in and at move-out. It captures the condition the flat was handed over in, the applicable Zählerstände (meter readings), and how many keys changed hands.

The key point first: an Übergabeprotokoll is not required by law, and there are no rules on its structure. It is still your most important piece of evidence. The Beweislast (burden of proof) for the flat's condition at handover lies with you as the landlord – and without a signed protocol it is almost impossible to meet.

Why the protocol decides the Kaution (§§ 535, 538 BGB)

When you hand over the flat, you owe it to the tenant in a condition fit for the agreed use (§ 535 Abs. 1 BGB). At move-out, the reverse applies: the tenant is not liable for changes caused by contractually appropriate use – normal wear (§ 538 BGB). Light wear tracks, small scratches in parquet, or faded wall paint after years are not damage you may deduct from the Kaution (security deposit).

If you want to deduct something, you must prove that genuine damage exists and that it arose during the tenancy. Only a protocol supplies that comparison: move-in condition against move-out condition. Without a move-in protocol you cannot show that a defect at move-out is new – and your claim fails on the Beweislast.

Important: Without a signed move-in protocol you carry the full burden of proof for the original condition. In a dispute over the Kaution you will then regularly lose, even when the damage genuinely came from the tenant.

What belongs in the protocol?

1. Date and place of the handover and the names of everyone present.
2. Zählerstände for electricity, gas and water – read and counter-checked by both sides.
3. Number of keys handed over (flat, front door, cellar, mailbox, garage) – each type listed separately.
4. Room by room condition: walls, floors, windows, bathroom, kitchen, fitted units.
5. Every defect listed individually and described concretely – not "various damage".
6. Photos for each documented point, dated.
7. Signatures of both parties at the end.

Move-in and move-out – what differs

	At move-in	At move-out
Purpose	record the starting condition	establish the changes
Zählerstände	capture start values	capture end values
Defects	note existing defects (protect the tenant)	note new damage (basis for a deduction)
Keys	document issue	check return
Evidential value	proves the initial state	proves the final state

Only both protocols together produce the comparison on which a deduction from the Kaution legally rests.

Common mistakes

• No move-in protocol – there is then no baseline to compare move-out against.
• Defects described too vaguely ("scratch in the living room" instead of location, size, photo).
• Zählerstände not recorded – disputes over Nebenkosten and consumption are pre-programmed.
• Key count missing – duplicate keys and lock-replacement costs cannot be attributed.
• Only one signature – a one-sided protocol has little evidential value.
• Normal wear charged as damage – this breaches § 538 BGB.

With HausMaus it's simpler

HausMaus runs the Übergabeprotokoll digitally – for both move-in and move-out. You record rooms, Zählerstände, key count and defects directly in the app and add photos to each point. Both parties sign digitally, and the finished protocol is stored as a PDF in the document vault – ready as evidence if a dispute over the Kaution ever arises.