Apartment handover protocol: why it is essential and what it includes

A tenancy agreement outlines the rights and obligations of both parties, but it does not by itself record the actual condition of the flat at the start of the tenancy. This is the purpose of a handover protocol: a simple yet extremely practical document that is often underestimated in standard rental relationships.

Why the protocol is so important

The handover protocol documents the condition of the flat at a specific point in time: typically upon the tenant's move-in and again upon their move-out. Without such a comparison, it is very difficult to prove whether specific damage occurred prior to moving in or during the tenancy. The protocol therefore protects both parties and serves as an essential document for settlement of the security deposit upon termination of the tenancy.

Without a protocol, disputes over the flat's condition easily devolve into he-said-she-said scenarios: the landlord may claim damage unknown to the tenant, while the tenant struggles to prove that defects were already present upon move-in. Drafting a protocol is therefore not an extra formality but a preventive measure that saves time and nerves for both parties.

When to draw up the protocol

The protocol is always drawn up upon the physical handover of the flat: both when a new tenant moves in and when they move out at the end of the tenancy. If the tenant changes during the tenancy (for example, when another person takes over the contract), it is advisable to draw up a protocol at this intermediate stage too. The more frequently the condition of the flat is formally recorded, the less room there is for later ambiguities.

What to record in the protocol

A quality protocol should include:

• Date and time of flat handover.
• Meter readings: electricity, water, gas, ideally supplemented with a photograph of the dial or display.
• Description of the flat's condition: visible defects, damage, and wear to walls, floors, and fixtures.
• Inventory of equipment, furniture and appliances included in the tenancy, including notes on their functionality.
• Number and type of keys handed over (for the flat, cellar, mailbox, and possibly the entrance).
• Photographs or video of each room: in the event of a dispute, this is the strongest evidence.

Sample structure of the protocol

The protocol does not need to follow any prescribed legal form; however, in practice, a simple structure has proven effective for both move-in and move-out procedures. The key is to consistently fill in the same points so that both documents can be compared with each other:

• Header: identification of the landlord and tenant, apartment address and handover date.
• Table of meter readings as of the handover date.
• Description of the condition of individual rooms, with reference to attached photographs where applicable.
• List of equipment handed over and its condition.
• Signatures of both parties confirming their agreement with the stated condition.

Common errors when drafting an inspection report

The most common mistake is drafting the protocol too briefly: with only a general note "flat in order" without specific meter readings or photographs. Similarly, parties often fail to keep a copy of the move-in protocol, leaving them with nothing to compare against at move-out. Illegible or missing signatures are also problematic; a protocol lacking the signatures of both parties has significantly lower evidentiary value.

Another common mistake is to have the protocol signed by only one party or to draw it up several days after the actual handover; in both cases, its main benefit is lost: a credible record of the flat's condition at the exact moment of handover.

Practical advice

It is advisable to draw up the protocol twice, once upon moving in and again when moving out, and subsequently compare both documents. Keep them together with the rental agreement throughout the tenancy and after its termination, until the security deposit settlement is resolved. In the event of a dispute over whether specific damage already existed previously, a well-maintained protocol (ideally with photographs and signatures from both parties) is what will resolve the matter most quickly.

Photographs should be taken systematically, room by room, including close-ups of any existing damage. The date the photographs were taken (for example via metadata or at least an email sent to the other party) adds credibility to the evidence.

In non-standard situations, for example, when the parties disagree on the condition of the flat. It is advisable to consider inviting an independent third party to attend the handover or consulting a lawyer.

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