Handing over the apartment marks the end of a tenancy and is often associated with stress and uncertainty. How can you ensure that everything runs smoothly and there are no conflicts with the landlord? In this article you will receive valuable tips to avoid disputes and make moving out stress-free.
The most important thing in brief
- Plan the handover of the apartment early and fulfill all contractual obligations.
- Create a detailed handover protocol and take photos as evidence.
- Clarify any open questions with the landlord at an early stage and record agreements in writing.
The importance of careful preparation
Thorough preparation is the key to a successful apartment handover. Start planning well in advance and read your rental agreement carefully. This way you know what duties you have to fulfill, for example in relation to cosmetic repairs or cleaning work. A personal checklist can help you keep track of all tasks and complete them stress-free.
Preparation checklist
Make a list of all the tasks that need to be done. This includes clearing out the apartment, repairing minor damage, painting the walls and final cleaning. Allow enough time to do everything thoroughly.
The legal situation regarding cosmetic repairs
Whether you are required to carry out cosmetic repairs depends on the clauses in your rental agreement. Many rigid renovation clauses are legally ineffective. It is worth having the rental agreement checked by a specialist to avoid unnecessary work.
Identify ineffective clauses
Pay attention to phrases such as “The tenant is obliged to carry out all cosmetic repairs.” Such blanket clauses are often ineffective. Know your rights to avoid doing more than necessary.
Repair defects and damage in a timely manner
Small damages can lead to major problems when handing over the apartment. Therefore, repair defects that you have caused yourself, such as drill holes, scratches or defective fittings, in a timely manner. This reduces the risk that the landlord will deduct costs from your deposit.
When are tenants liable for damage?
As a tenant, you are liable for damage caused by improper use. However, normal signs of wear and tear are considered to be in accordance with the contract and must be accepted by the landlord.
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The handover protocol: your evidence
A detailed handover protocol is essential to record the condition of the apartment when you move out. It protects you from unjustified claims and serves as evidence in disputes.
Contents of a complete handover protocol
The protocol should contain the following points:
- Date and time of handover
- Names and contact details of both parties
- Detailed description of the condition of all rooms
- List of handed over keys
- Detected defects or damage
- Signatures of tenant and landlord
Communication is key
Open and respectful communication with the landlord can solve many problems right from the start. Inform him early that you are moving out and discuss all the details of handing over the apartment.
Make written agreements
Record important agreements in writing. This gives both parties security and can avoid misunderstandings.
Schedule handover date
Arrange a handover date that suits both parties. Allow enough time to create the handover protocol and clarify all questions.
Accompaniment to the handover of the apartment
It can be helpful to take a neutral person with you as a witness to the handover. This provides additional security and can be helpful in the event of discrepancies.
Return of the keys
Hand over all keys you have been given, including duplicate keys and keys to common areas. Write down which keys you returned in the handover protocol.
Report key loss
If you have lost a key, inform the landlord immediately. Clarify who will cover the costs of a possible lock change.
The deposit: what you need to know
After the rental agreement has ended, the landlord has a reasonable period of time to repay the deposit. He may keep part of the deposit if there are still outstanding claims or damage needs to be repaired.
Deposit refund deadlines
As a rule, a period of three to six months is considered appropriate. If repayment is not made, you can request the landlord to make the payment in writing.
