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"Übergabeprotokoll" when renting an apartment

Are all new tenants entitled to get one?

Toytown Germany > Discussion forum > Germany-wide > Life in Germany
smurf
Hello

Are you legally entitled to an Übergabeprotokoll? Ours only has meter readings on it? There is nothing about keys or condition of property and the place was left like a rubbish tip after the last tenant. Currently in the property a week what do I do?
Corcaigh
Not sure if you are entitled to one but I do know that if you only have a "simple" one (meter readings etc.) then everything else is assumed to be OK. I got caught out by thinking that because nothing was in the protokoll when we moved in then there was nothing that could be claimed when we moved out. I was wrong-ish.
Best to have a full protokoll particularly with the things that you see as problems.
Purple Muffin
I would make a list of everything that is/was not right and get it to landlady asap. I think that would be enough.
marie-claire
You should make a list and ask your tenant to include your points in the Übergabeprotokoll. It puts you on the safe side when you move out.
Mik Dickinson
Make a list of all that was not correct and any damage that you found and do it ASAP.Keep a copy and send one off to your Landlord by registered post asking him to sign it and send it back.Keep the receipt for the registred post with your copy in case there is any comeback in the future.This is important so that you can prove your claim.
Corcaigh
What MIK said and if possible take photos. Otherwise it's one word against the other. I'm currently in a legal wrangle (we've had to sue him to try and get our deposit back) with our ex-landlord (now running over 1 year) and he had claims (we painted the walls dark brown etc.) that we never even dreamed he would make but were only refutable by some photos we had. Where it was his word against ours we had to go 50-50 on the costs... Do more than you think necessary to cover your side now, you'll not regret it later...
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