Lena Hackauf

October 16, 2025, 3:47 am | Read time: 4 minutes

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1. Mistake: Not Checking the Handover Protocol

During the apartment handover, the landlord usually creates a so-called handover protocol. This document records the condition of the apartment in writing. It becomes valid with the tenant’s signature. A mistake would be signing too quickly. It’s better to carefully check which defects are noted.

“It’s important that only the defects listed in the handover protocol are those the tenant actually caused and needs to fix,” explains Monika Schmid-Balzert, deputy managing director of the Mieterverein München e. V. upon request from myHOMEBOOK.

If damages or defects were present at the start of the rental agreement, the tenant does not have to fix them. Schmid-Balzert advises: “Therefore, it’s also important to document the condition at the start of the rental agreement to prove later what the tenant is actually responsible for.”

The rule is: Only sign after careful review if you agree with what is documented.

2. Mistake: Performing Unnecessary Renovations

Tenants should adhere to the rental agreement–with exceptions. Various rules for the apartment handover can be found here, sometimes relating to regular renovations of the apartment. However, not all clauses are valid. Fixed deadlines that require frequent renovations are invalid, as decided by the Federal Court of Justice in 2009.

Tip: Before painting at your own expense, tenants should check the clauses and clarify them legally.

Also interesting: Do tenants really have to fill in dowel holes?

3. Mistake: Not Leaving the Apartment Broom-Clean

During the apartment handover, the rental apartment should be empty and broom-clean. This means a rough cleaning of floors, windows, kitchen, and bathroom. Personal items should also be removed. However, this does not include a professional deep cleaning. The tenant does not need to address normal wear and tear, such as light scratches on the parquet.

Exception: If a thorough cleaning is noted in the rental agreement, the tenant must comply.

4. Mistake: Not Handing Over All Keys

The handover of the apartment also includes handing over the keys. This includes all duplicate apartment door keys as well as those for the mailbox and basement. Missing keys can lead to significant costs for the tenant, such as if the building’s locking system needs to be completely replaced.

More on the topic

Inquired at the Tenants' Association What Landlords Must Tolerate When Tenants Move Out–and What They Don’t

Tenant Law Pests in the House–Is a Rent Reduction Permissible?

5. Mistake: Not Removing Installations

The apartment should be handed over as it was found. “Installations and modifications must be undone, and colored or wallpapered walls must be kept white or in neutral colors,” explains the rental expert to myHOMEBOOK. This includes built-in kitchens, awnings, or new flooring.

Tip: It may be worthwhile to have an early conversation with the landlord. Installations, like an expensive built-in kitchen, may be purchased by the landlord.

Further Tips for Apartment Handover

• Deposit and Operating Costs: The landlord may only withhold a reasonable portion of the deposit for outstanding operating cost bills–not the entire deposit. “This portion must correspond to what the tenant had to pay on average in previous years for operating and heating costs.”
• “Living off the Deposit”: Tenants must pay the full rent until the last day, the expert emphasizes. The deposit is solely for security and cannot be offset against rent payments.
• Bring Witnesses: Bring a neutral person to the handover to prove agreements in case of disputes.
• Unjustified Claims: “If the landlord makes unjustified claims and withholds them from the deposit, the tenant can sue for the deposit or the missing portion after a six-month waiting period,” says Schmid-Balzert. Which claims are justified will then be examined in court.