A tenant changeover runs from notice through pre-inspection and handover to the deposit settlement. The handover protocol is not required by law but is the key evidence of the flat’s condition. An agreed deposit may not exceed three months’ net rent (§ 551 (1) BGB); no statutory deadline governs its repayment, the landlord has a reasonable period to check.
The tenant changeover is the phase where most can go wrong in letting: vacancy costs rent, missing evidence costs damages, formal errors cost the deposit. With a clear process and a proper protocol, the changeover remains a routine matter.
The process at a glance
The changeover starts with the notice: it is permissible at the latest on the third working day of a calendar month, taking effect at the end of the month after next (§ 573c (1) sentence 1 BGB). For the landlord that period grows with the length of the tenancy. Which grounds carry a landlord’s notice at all, how the period is staggered and where terminations fail is set out in our guide to terminating a tenancy. From receipt the clock is running. Confirm the notice in writing, arrange a preliminary inspection four to six weeks before move-out, and start re-letting in parallel so the flat does not sit empty. The preliminary inspection clarifies which work the tenant still has to complete before returning the flat. That avoids disputes on handover day.
The handover and the protocol
A handover protocol is not required by law. It is, however, the central piece of evidence when damage, redecoration or the deposit are disputed later. It should contain:
- the condition of every room with specific defects (not “used”, but “scratch in the parquet, bedroom, approx. 30 cm”),
- meter readings for electricity, gas and water with meter numbers,
- the number of keys handed over,
- photos as an annex, and
- date and signatures of both parties, one copy each.
The condition section works in both directions: it secures claims for damage, and it records which defects the tenant knew about on acceptance of the flat. A tenant who accepts a defective property although he knows of the defect may assert the rights under §§ 536 and 536a BGB only if he reserves those rights on acceptance (§ 536b sentence 3 BGB). Which rights those are, and how a later report of a defect has to be handled, is set out in our guide to defects and rent reduction.
If the tenant fails to return the flat on time, he owes compensation for use for the period of retention (§ 546a BGB).
Redecoration: check soberly
Whether the tenant has to repaint is decided solely by the tenancy contract, and the clause must be valid. Rigid schedules (“kitchen and bathroom every three years”) are invalid under case law; a tenant who took the flat over unrenovated generally does not have to redecorate at all without compensation. Before the handover date it pays to read the contract soberly instead of raising blanket demands that will not hold up in court.
The deposit: examine, settle, repay
The deposit is at most three months’ net cold rent, must be invested separately from the landlord’s assets and earns interest for the tenant (§ 551 BGB). Alongside that agreed security sits the statutory landlord’s lien over the goods the tenant has brought in (§ 562 (1) sentence 1 BGB): it arises without any agreement, but it does not extend to goods exempt from seizure, and turning it into money requires a formal realisation. After the return of the flat you may not simply keep it, but you need not pay it out immediately either: you are entitled to a reasonable examination period, under case law regularly several months, depending on the case. For the outstanding service charge statement, a reasonable portion may be retained until the statement is issued. Pay out undisputed amounts promptly. That reduces conflict and default risks.
Meter readings and the final statement
If the tenant moves out during the accounting period, the statement is pro-rated: consumption-based costs according to an interim reading or a proper estimate, the rest by time share. The 12-month deadline for the statement still runs from the end of the accounting period; the move-out does not shorten it.
Re-letting without a gap
Every month of vacancy costs a month’s rent, usually more than the entire handling of the changeover. Bundle viewings, check applicants’ documents in advance and sign the new contract before the old tenant moves out: that closes the gap. If you do not want to manage the whole changeover yourself, from preliminary inspection to protocol to re-letting, you can hand it to a rental management service in Frankfurt, where it is part of the daily routine.
Sources
Editorial responsibility: digo.immo Verwaltung & Invest - certified residential property manager under § 26a WEG (IHK Frankfurt), licence under § 34c GewO. About the certification
This article provides general information only and does not replace individual legal advice. It was created with AI assistance; the legal statements have been checked against the official texts of the law. Legal status: 29/08/2026; laws and case law may change. No warranty is given as to completeness, accuracy or timeliness. When in doubt, please seek qualified advice.