Wohnungsübergabe at Move-Out: Tenant Checklist (2026)

What is the Wohnungsübergabe at move-out?

The Wohnungsübergabe (move-out handover) is the appointment where you return the rented flat to the landlord at the end of the tenancy. Together you record the condition of the flat, the meter readings and the keys – ideally in an Übergabeprotokoll (handover inspection record).

The key point first: this protocol is your central piece of evidence in any dispute over the Kaution (security deposit). And: you are not liable for normal wear from contractual use (§ 538 BGB). You return the flat swept clean and in contractual condition – not as good as new.

What are you liable for – and what not (§§ 535, 538 BGB)?

During the tenancy you may use the flat in line with the contract (§ 535 BGB). The resulting normal wear is already covered by the rent: you do not have to pay for changes caused by contractual use (§ 538 BGB).

Normal wear – you are not liable	Damage – you may be liable
Light wear marks in carpet or floor	Burn holes in the carpet
Small scratches in the parquet	Deep gouges, splintered parquet
Faded or yellowed wall paint	Large, non-removable stains
A normal number of dowel holes	Excessive or unprofessionally drilled holes
Limescale marks on fittings	Broken tiles, damaged sanitary fixtures

If the landlord wants to withhold money from your Kaution, he must prove that genuine damage exists and that it arose during your tenancy. This Beweislast (burden of proof) lies entirely with him. That is exactly why a move-in Übergabeprotokoll is valuable for you: it documents the condition in which you took over the flat.

Do I have to renovate when I move out?

Not automatically. You only owe Schönheitsreparaturen (cosmetic repairs – painting, wallpapering) if your Mietvertrag (tenancy agreement) contains a valid clause for it. The BGH has declared many such clauses invalid, including:

• Rigid deadlines ("renovate every three years") that ignore the actual condition are invalid.
• If the flat was handed over to you unrenovated, the landlord can only validly pass on the Schönheitsreparaturen if he granted appropriate compensation – otherwise the clause is invalid.

If the clause is invalid, the duty to renovate stays with the landlord – you do not have to repaint. When in doubt, check your contract before you spend money and effort.

Important: At the handover, never sign an acknowledgement of damage or defects you did not cause – and no waiver of your Kaution. A signature, once given, is very hard to challenge later. If you disagree with a point in the protocol, have it struck out or note your objection directly in the protocol.

What goes in the Übergabeprotokoll at move-out?

1. Date and place of the handover and the names of everyone present.
2. Meter readings for electricity, gas and water – read together.
3. Number of keys returned, listed separately by type (flat, building door, cellar, mailbox, garage).
4. Room by room condition – only defects that are genuinely there, described concretely.
5. Photos of every contested point, dated.
6. Signature of both parties – but only if the protocol is accurate.

Always keep a copy of the signed protocol and back up your photos.

Common mistakes

• Handing over without a protocol – it later becomes one word against another.
• Confirming damage that was already there – cross-check against the move-in protocol.
• Not recording meter readings – this triggers disputes over the final Nebenkostenabrechnung (annual operating-cost statement).
• Renovating even though the clause was invalid – wasted time and money.
• No proof of key return – the landlord could dispute when the tenancy ended.
• Keeping no copy – in a dispute you lack your most important evidence.

With HausMaus it's simpler

HausMaus is free for tenants and walks you through the Wohnungsübergabe at move-out. A moving checklist reminds you about keys, meter readings, Schönheitsreparaturen and the Kaution deadline before the appointment. The digital Übergabeprotokoll records meter readings, existing defects and returned keys with photos; you review it and sign only once everything is correct. Both sides sign digitally, and the finished PDF lands in your document vault – the evidence that protects your Kaution.