List of defects when handing over the apartment

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Both when moving in and when moving out, a handover protocol with a detailed list of deficiencies is essential to preserve evidence in the event of a later legal dispute. Whether you are a tenant or a landlord, it is essential that you prepare a complete and meaningful report every time you hand over the apartment.

The handover protocol is not provided or prescribed by law, but it has become an important one in tenancy law practice Instrument developed to document the condition of a rented apartment so that there are no protracted legal disputes afterwards comes. Both parties can defend themselves against claims for damages or Obligations to make improvements protect if you can prove that the other part has accepted the found condition of the apartment.

Create a list of defects

  1. Print out a sample of an apartment handover protocol, for example this template and make at least one copy.
  2. Your log must contain the date of the handover as well as the dates of moving in and moving out.
  3. Also name the rental property and, if necessary, indicate the exact location of an apartment, for example “3. Upper floor left ”and any associated cellar rooms, terraces, garages or other accessible areas.
  4. Enter the names of the tenants and landlords involved.
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  6. Now go through all rooms individually with the other contractual partner and at least one other person as a witness. As a point in time for drawing up a list of defects, be sure to determine a time when the apartment is illuminated by daylight so that nothing is overlooked. As a precaution, plan two hours before dusk falls.

This is how the handover of the apartment succeeds

  1. Make a note of any defects or blemishes found in the apartment in the space provided for the room. After checking the walls, doors, radiators, and floors, pay particular attention to their condition all faucets, mixer taps and possibly existing connections for washing machines and others Devices.
  2. Regardless of the verbal agreements you make with the other party, if in doubt, insist on including every special feature in the written list of defects. Bear in mind that in the event of a later trial, the court will give the minutes signed by both sides a high evidential value.
  3. If you have discovered deficiencies and have agreed on a deadline for their elimination, make a note of this and, if applicable, your agreement on the assumption of costs.
  4. Then record the handover of the keys and state their exact number.
  5. It can also be helpful to record the reading results of the meter readings when moving out and to include agreements on the repayment of the rent deposit.
  6. Only sign the list of deficiencies when you have come to an agreement on everything and the protocol accurately reflects the state you have seen.
  7. Have the witness also sign the protocol and give a copy to the other contracting party.
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