At handover, record the condition of the flat, its furnishings and the number of keys together. When the flat is returned, you’ll both have the same basis for comparison. Specific notes and photos help prevent disputes over when a scratch on the door appeared or whether the oven worked at move-in.
A good handover has three parts: preparation before the meeting, the inspection in the flat itself and the paperwork afterwards. Signing the last page doesn’t necessarily mean the energy transfer is done.
Quick answer: apartment handover and the handover protocol
The handover protocol should identify the contract, the flat and the parties, describe the condition of each room, list the furnishings and their condition, record meter readings and numbers with the date, the number of keys and fobs, known defects with a deadline for fixing them, and refer to the photos. Photograph each room as a whole and then the details, with dates, in the same order at handover and at return. For energy, record not just the readings but also the supply point’s EAN (electricity) and EIC (gas), and check that the supplier has actually completed the transfer.
At move-out, compare the condition with the protocol: normal wear and tear is borne by the landlord, damage by the tenant (§ 2293 of the Civil Code). Return the security deposit with a written statement of any claims set off against it (§ 2254 of the Civil Code), not “once the service charge statement arrives”. You’ll find a protocol template among our document templates.
What to prepare before the meeting
Check the signed contract and that the security deposit and first month’s rent have arrived; agree in the contract that you hand over the keys only once the money is in your account, not on a promise. For a typical 2+kk, set aside an hour for the inspection and documentation, not ten minutes.
Prepare:
- an inventory with models and serial numbers of the more expensive appliances,
- all keys, fobs and remotes being handed over (counted and labelled),
- manuals for the appliances and boiler, contacts for the building manager and the emergency service,
- energy documents: electricity and gas meter numbers, EAN and EIC, the latest bill,
- the protocol form in two copies, or a tablet with electronic signature,
- a written list of known defects.
Go through known defects with the tenant before the move. If a repair isn’t finished, agree a specific plan and deadline. Have the flat clean, free of items not included in the handover, and with access to everything you’ll be inspecting. Don’t hide a damaged wall behind boxes, and have the appliances ready to test.
What goes in the handover protocol
Link the protocol to a specific contract and clearly identify the flat and the parties. Then record the facts, not a general verdict like “everything fine”.
| Area | What exactly to record | Common mistake |
|---|---|---|
| Identification | Address, unit number, contracting parties or representatives with power of attorney, date and time, purpose (handover / return). | No reference to the contract, so it’s unclear which tenancy the protocol belongs to. |
| Condition of rooms | Room by room: floors, walls, ceiling, doors, windows, sockets, lights. In the bathroom: grout, silicone, drains. | “Bedroom OK” instead of “bedroom: parquet, 10 cm scratch by the window (photo L02)”. |
| Furnishings | List, model, condition, function tested yes/no, appliance serial numbers. | “Washing machine” instead of “Bosch WAN28 washing machine, working, tested”. |
| Meters | Type, meter number, reading, unit, reading date, EAN/EIC. | Only the reading recorded, without the meter number; electricity meter missing separate tariffs. |
| Access | Number of keys to the flat, building, cellar and mailbox, fobs, garage remotes, and what each is for. | Unrecorded keys and a dispute over the “third set” at move-out. |
| Defects and tasks | Description, agreed course of action, person responsible, deadline. | A verbal promise of repair that nobody remembers six months later. |
| Attachments | Photo identification (number, format, where stored), inventory, energy performance certificate, manuals. | Photos only on one party’s phone. |
| Signatures | Both parties, date; if a signature is refused, a note and a witness’s signature. | Signed “on behalf of the tenant” by their partner without power of attorney. |
The protocol isn’t a legal condition for the tenancy to be valid, but it can be important evidence of the flat’s condition. It works best together with photos, an inventory and confirmation that both parties received the same version of the attachments.
Photos: both detail and context matter
Photograph the overall condition of each room from the doorway and from the opposite corner, then the details of any defects. A close-up of a scratch with no surroundings is hard to place later. Keep the original files with their capture data and link them to the handover date in the protocol. Send the images to both parties or make them available in a shared folder. A date stamp or metadata alone doesn’t guarantee authenticity, but traceable shared documentation strengthens its value as evidence.
Label photos by room and sequence, for example “K03 kitchen, lower left cabinet door, chipped corner”. Use the same label for the defect in the protocol so you can find the image easily. At move-out, photograph in the same order. That makes the condition easier to compare.
Distinguish between appearance and function. A small dent in the dishwasher door and a wash programme that doesn’t work are two different things. A note saying “dishwasher used” describes neither. If an appliance couldn’t be tested at handover (gas disconnected, missing bulb), write that down instead of confirming it works flawlessly.
Video can add an overall picture, but details, meters and the inventory are easier to trace in labelled photos. Photos don’t replace the protocol: they won’t capture the number of fobs, the agreed repair date or who is to complete the transfer of the supply point.
For meters, record the reading, unit, date and identifiers
For electricity, gas, and cold and hot water, record the meter number, reading, unit and date. With electricity meters, watch out for dual tariffs (high and low tariff on rates such as D25d, D57d); record both. Photograph the display and the label with the meter number so the reading can be matched to the right supply; in buildings with ten electricity meters in one cabinet, that’s not a given.
To deal with the supplier and distributor, you also need the supply point code: EAN for electricity (18 digits, starting 859182400) and EIC for gas (16 characters, starting 27ZG). Copy the full code from an invoice or contract and don’t confuse it with the meter number. For self-readings, the Energy Regulatory Office recommends giving the date, the value, the supply point code and the meter number. It’s this combination that helps assign consumption to the right supply.
Take the readings together and record them in the protocol. If the physical handover and the contractual change of customer happen on different dates, you need both dates and an agreement on paying for the period in between. For example, with a handover on 1 March and a change of customer on 15 March, document the consumption between those dates and how it’s billed. An agreement between landlord and tenant does not by itself change the original customer’s obligations to the supplier.
Energy transfer: a submitted form isn’t a confirmed change
In the contract and at handover, be clear about who will be the supplier’s contracting party. Three models:
| Model | Advantage | Risk |
|---|---|---|
| Energy in the tenant’s name | The tenant handles contractual payments to the supplier. | When they leave, a new contract must follow and any gap without a customer must be watched. |
| Energy in the landlord’s name, advances from the tenant | No transfer needed every time the tenant changes. | The landlord pays the supplier. Billing and settlement with the tenant must be clearly agreed and lawful. |
| Energy in the manager’s name | The manager handles communication with the supplier. | The split of payments and responsibility depends on the relevant contracts. |
For the transfer, follow the specific supplier’s procedure (most have an online form where you upload the protocol and power of attorney), submit the correct documents and verify completion: confirmation that the original contract has ended, confirmation that the new one has started, and the final bill for the original supply. Keep them. Don’t order a disconnection just because the occupant is changing; transfers between customers take place without interruption.
When the outgoing and incoming tenants hand over the flat in quick succession, watch the gap. Appoint one person to check the continuity of contracts, dates and the supplier’s confirmations. Consumption without a contract in place can lead to the supply being cut off and extra costs. Don’t rely on a supposed universal grace period.
Show how the flat and its equipment work
Explain how to operate the heating (thermostat, gas boiler, district heating with thermostatic valves), bathroom ventilation, appliances and, where relevant, heat recovery ventilation. Show the main water stopcock, the circuit breakers, access to the meters, where the fire extinguisher is and the rules for shared areas (bike room, bins, drying room). Hand over the manuals and contacts for reporting faults and emergencies.
The tenant needs to know where the manuals are and whom to call when they’re stuck. Well-communicated information can reduce misuse and unnecessary call-outs. But don’t prejudge the cause of a fault: mould, for example, may be linked to how the flat is used or to a construction defect. We explain who pays in our article who pays for repairs in a rented flat.
After the meeting, give both parties the same signed version of the protocol and attachments. Put agreed repairs in a calendar or task list and confirm who will order them.
At move-out, compare the flat with its original condition
At the end of the tenancy, work from the original protocol and photos. The tenant returns the flat in the condition in which they took it over, allowing for normal wear and tear from ordinary use and for defects the landlord is obliged to remedy (§ 2293(1) of the Civil Code). New damage is not the same as the natural ageing of furnishings.
The following examples show possible differences. They are not an automatic liability tariff and do not replace assessing the cause:
| Typically normal wear and tear | Possible damage beyond ordinary use |
|---|---|
| Slight scuffing of paintwork, small furniture marks in the carpet, dull marks on parquet | Scribbles, a burnt carpet or deep gouges; for holes in the wall, it depends on their extent and circumstances |
| A worktop worn after years of cooking | A burnt or cut worktop |
| Reasonable ageing of surfaces with proper maintenance | Mould caused by proven misuse; a structural cause must be ruled out |
| A mattress worn after 4 years | A mattress ruined by liquid |
| Reasonably worn handles | A cabinet door broken off through misuse |
So it isn’t true that after every tenancy the tenant must pay for a full repaint or new furnishings. Assess the condition, the length of use and the extent of the damage. Alongside damage, there is also the regime of routine maintenance and minor repairs during the tenancy. Under § 2969 of the Civil Code, compensation for damage is based on the usual price of the item at the time of damage, taking into account reasonable costs of restoring or replacing its function. The price of a new appliance therefore can’t automatically be passed on to the tenant, nor can everything be settled with a fixed depreciation percentage.
Return of the flat isn’t judged solely by the calendar date: the flat is returned when the landlord receives the keys and nothing prevents them from accessing and using it (§ 2292 of the Civil Code). Record the keys returned (the number must match the handover protocol), the meter readings and the date. If the tenant leaves without a handover and leaves belongings behind, follow § 2296 of the Civil Code: ask them to collect the items, store them and don’t throw them away.
Settle the security deposit based on evidence
When the tenancy ends, the landlord returns the security deposit and sets off what the tenant owes from the tenancy (§ 2254(2) of the Civil Code). Describe and quantify any claim item by item: unpaid rent for specific months, an arrear from the latest statement, compensation for specific damage backed by a photo and an invoice or quote. The security deposit is not an automatic exit fee or a “contribution towards repainting”.
The service charge statement may come only after the tenancy ends. A possible future arrear, however, isn’t automatically an existing debt that can be set off against the security deposit. The legal starting point is to return it when the tenancy ends, setting off eligible claims. Don’t withhold the undisputed portion without good reason. Have a lawyer assess the validity of any agreement on later settlement or keeping part of the security deposit, as a contract cannot arbitrarily limit the tenant’s protection.
By law, the tenant is also entitled to interest on the security deposit (§ 2254(2) of the Civil Code); the law doesn’t set the amount and the issue is open to interpretation. For a specific claim, we recommend legal advice.
Send the security deposit statement in writing with supporting documents for each claim. If the tenant disagrees, they can seek the return of the security deposit in court; the general limitation period is three years. Keeping your records will help you back up your approach. We cover the security deposit in more detail in our article on the lease agreement.
When you disagree on the condition
Record the differing positions in the protocol: “The landlord reports damage to the parquet in the living room (photo O04); the tenant disagrees and considers it normal wear and tear.” Don’t replace a refused signature by signing for the other party, or by refusing to take back the keys; accept the keys and confirm receipt. Refusing to take them won’t improve your position, it will only delay the settlement.
Keep your own record, photos and, if possible, witness statements. For a disputed item, get an independent opinion on the cause and the cost of repair. Base the need for an expert report on the value and complexity of the dispute, not on a universal amount. If no agreement is reached and the dispute goes to court, the evidence is assessed as a whole. A protocol with photos can help considerably, but it isn’t the only possible evidence.
Handover checklist
Before the meeting: contract signed, agreed payment terms checked, keys counted, inventory ready, EAN/EIC and meter numbers located, known defects listed, flat ready for inspection.
In the flat: joint room-by-room inspection, photos of overall views and details, appliances tested, meter readings with photos of the labels, keys recorded, controls and stopcocks explained, manuals and contacts handed over, defects agreed with deadlines, signatures.
After the meeting: copy of the protocol and photos to the tenant, ideally within 24 hours, energy transfer submitted and its completion checked by the date confirmed by the supplier, final bill for the original supply filed, agreed repairs entered in the calendar and building management details updated (number of occupants).
FAQ
Is a handover protocol a mandatory attachment to every contract?
It isn’t a legal condition for the lease to be valid. The Civil Code does, however, regulate the condition of the flat at handover and return (§ 2242, § 2243 and § 2293 of the Civil Code). The protocol helps document that condition. Without it, proving things is harder, not automatically impossible. The parties can agree in the contract to use one.
Is a video enough instead of photos?
Video adds an overall picture, but important details, meters and the inventory are easier to find in labelled photos. The best approach is a combination that stays clear even five years later: room-by-room photos as evidence, video as context.
Does the tenant have to repaint the flat at move-out?
Not automatically. Painting is routine maintenance during the tenancy (§ 2 of Government Regulation No. 308/2015 Coll.), but normal wear and tear of the paintwork is taken into account at return (§ 2293 of the Civil Code). The tenant pays to put right damage beyond ordinary use, such as scribbles or heavy soiling. For holes and other openings in the wall, it depends on their extent, the circumstances and the original condition; a hole on its own doesn’t mean an obligation to repaint the whole flat. A clause saying “the tenant will return the flat freshly painted” applies only to the extent that it doesn’t curtail the tenant’s rights under § 2235 of the Civil Code.
Who pays a service charge arrear once the tenant has left?
The arrear is settled according to the period, the contract and the applicable allocation rules. Deliver a proper statement to the former tenant as well and follow its due date. Setting it off against the security deposit is only possible if the legal conditions are met, not automatically because of an expected cost. That’s why you should record the meters and current contact details at move-out.
Can I leave the handover to a property manager?
Yes. A manager with power of attorney organises and documents the handover and handles the follow-up tasks (transfers, defects, records). At FLAT SERVICE, a handover with a protocol and photo documentation is part of property management in all packages. Be clear about the scope of representation and who decides on defects.
For your own preparation, use our document templates. The legal rules in this article were checked as of 12 September 2026; for a disputed settlement, we recommend legal advice.
Sources and terms: Civil Code, in particular § 2242, § 2254, § 2292, § 2293 and § 2969, Energy Regulatory Office (ERÚ): consumption and self-reading requirements, rules on routine maintenance and minor repairs. The recommended organisational deadlines in this article are not statutory time limits.