The Handover Record

When Germans move into or out of a rented apartment, tenant and landlord usually walk through it together, room by room. They record defects, meter readings and the keys handed over in an Übergabeprotokoll, a handover record, and both sign it. The law does not require it. Once it is signed, it binds. According to the homeowners’ association Haus & Grund in Frankfurt, a record signed by both sides that shows no defects counts as a negatives Schuldanerkenntnis, a negative acknowledgment of debt. The tenant can no longer claim that old damage existed at the handover. In a case reported by the insurer ARAG, a landlady later claimed damage from her tenant’s heavy smoking and kept the deposit. The local court of Leonberg held her to the record both had signed at move-out, which showed no damage.

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