Short Answer
Failing to record every pre-existing defect in the official handover protocol allows your landlord to charge you for those damages when you move out.
The signed document, known as the Übergabeprotokoll, serves as the absolute legal baseline for the condition of the property.
What Most Expats Don't Realize
You moved into a flat and noticed a few minor scratches on the wooden floor but skipped documenting them because the landlord seemed friendly. When you prepared to leave two years later, the landlord pointed directly to those same scratches and accused you of damaging the property. Because you had no written proof of the original condition, the landlord legally withheld your entire €1,800 security deposit to pay for a professional floor restoration.
What To Do
- Print out a blank "Übergabeprotokoll" template and bring it to your move-in appointment.
- Bring a powerful flashlight to inspect the interior of every cabinet, appliance, and window frame for hidden damage or mold.
- "Bitte nehmen Sie diesen Kratzer in das Protokoll auf." (Please include this scratch in the protocol.) — insist on this phrase whenever you find any pre-existing flaw.
The Truth
Germany’s legal framework governing property handovers places the absolute burden of proof on the tenant at the time of departure. The system automatically presumes that any undocumented damage occurred during your tenancy, rendering unrecorded pre-existing defects a direct financial liability.