THE NEXT TENANT IS COMING! ORGANISING THE HANDOVER PROFESSIONALLY, BUT HOW?
How do I hand over a flat? Finding a flat is often difficult, especially in city centres. The supply of affordable rental space is scarce and demand is high. For this reason, people looking for a flat are delighted when they find a suitable rental property and the landlord decides in their favour from the large number of people looking to rent. Before moving into the property, flat or house, the landlord and tenant usually arrange a joint inspection appointment for the handover. A handover protocol is usually drawn up, which both parties sign together at the end.
WENET AG explains below why the handover protocol is so important and what you should pay attention to.
HANDOVER PROTOCOL CHECKLIST 1,2,3,4.....
When you move out of a flat and hand it over to your landlord, it is very helpful to record its condition in writing. This practical checklist will help you with the handover and ensure you don't forget anything.
HintThe handover protocol must be signed on site by the tenant and the landlord and must always be available in duplicate so that no changes can be made at a later date.
This should include a flat handover protocol:
- Time, place, date
- Personal details of both tenants & other persons present
- Identified defects
- Meter readings for water, electricity & gas
- Number of keys handed over
- Further agreements, e.g. pending repairs
- Witnesses (caretaker, cleaning company, partner)
- Signatures of all those present
TENANT REFUSES TO CLEAN THE FLAT OR LEAVES IT DIRTY. IS HE ALLOWED TO DO THAT?
If the tenant hands you a dirty flat at the handover date, this is very annoying and breaches the obligation to return the property. Here you can find out what a swept-clean flat should look like and what you can do if the tenant leaves the flat dirty.
In this case, you as the landlord have a right to eviction, which you can also enforce legally. It is not the tenant's responsibility to restore the flat to a new condition. It must be clean, but neither renovated nor renewed.
Here are a few facts in brief:
- Tenants must leave the flat in its original condition.
- You can retain part of the deposit.
- If the tenant does not fulfil this obligation adequately, claims for damages may be asserted.
In addition to cleaning, the tenant must ensure that the flat is in its original condition when it is handed over. If you also discover serious defects caused by the tenant, you can ask them to pay. In the event that the tenant refuses to carry out or pay for the cleaning themselves, it is permitted to withhold part of the rental deposit. Please take care to document the existing soiling in detail. Describe the dirty condition in the handover report and also take photos or videos.
IS A HANDOVER PROTOCOL MANDATORY?
No law obliges you as the landlord to draw up a handover report or to co-operate in its preparation by the tenant. There is also no legal obligation on the part of the landlord or tenant to sign the handover report when moving out. Likewise, the tenant has no right to such a documented acceptance of the flat. Nevertheless, the handover protocol is standard in rental practice and is an absolutely useful tool for documenting the condition of the flat together with the tenant at the time of moving out. Of course, the handover protocol can also be used when the tenant moves in.
You notice damage to the rented property when the tenant moves out, but there is no handover report of the handover when you moved in? You can only claim rectification of defects or compensation if you can prove that the damage was not already present when you moved in. You must also prove that the damage was caused by the tenant and not by normal wear and tear. If you waive a handover protocol when the tenant moves out, it will be difficult to enforce repair claims for defects that are only recognised afterwards. In principle, however, you should also include details of the final renovation in the tenancy agreement.
There is no legal obligation to draw up a flat handover protocol, nor are there any regulations regarding the form of this protocol. Nevertheless, it is strongly recommended that you take this additional step to be on the safe side.
WHO DOES IT, WHO HAS TO BE THERE?
As a rule, the landlord and tenant are present at the flat handover. However, the handover can also be held by an authorised third party. For example, if the tenant is unable to attend on the agreed date, they can authorise someone to represent them at the handover by means of a written power of attorney. The landlord can also authorise someone to represent them. This is usually the property manager or the property marketer. The tenant and landlord are still the legal parties to the contract. It may also make sense to bring an additional person with you as a witness. This person can check the flat for damage and co-sign the flat handover protocol. The landlord must arrange a binding date with the tenant for the final handover of the flat. This should be set far enough in advance so that the tenant has enough time to clear and tidy the flat. A joint tour of the flat should take place at the handover. Take enough time to ensure that no defects are overlooked.
TIME - HOW LONG DOES A HANDOVER TAKE? THE TENANT HAS LITTLE TIME!
Don't let anyone stress you out and take the time you need. As a rule, it quickly takes longer than 1 hour and it takes 3 times as long. It is important that you organise the handover accurately and correctly while you still can. The landlord can still discover damage even after the tenant has moved out and the handover has taken place. If these were caused by the tenant, the landlord must promptly ask the tenant to rectify the damage, as claims for compensation are generally time-barred.
TIPTake photos: Also consider taking pictures of floors, walls, ceilings, doors and windows as well as appliances... This will give you irrefutable proof of the condition of the home. You cannot document accurately enough, record EVERYTHING.
Everything that is found and agreed should be recorded in the flat handover protocol. If no defects are found, there is usually nothing to stop the deposit being returned.
You should pay particular attention to these things:
- Condition of the walls (wallpaper, paint)
- Defects such as mould infestation or water damage
- Condition of doors, locks and windows
- Functionality
- Condition of floors
- Attic and cellar
and also the stairwell: Is there evidence of damage when you move out? Then the tenant must pay for it, not you.
THERE IS NO HANDOVER PROTOCOL - WHAT TO DO?
You notice damage to the rented property when the tenant moves out, but there is no handover report of the handover when the tenant moves in. You can only claim rectification of defects or compensation if you can prove that the damage was not already present when you moved in. You must also prove that the damage was caused by the tenant and not by normal wear and tear.
CLEANING, DO IT YOURSELF OR ASK A PROFESSIONAL?
Is it better to do the cleaning yourself or hire professionals? We say there are advantages and disadvantages to both. The move is done and you'd like to start furnishing the new property straight away. But instead, you have to remove dirt and marks from the old property. Cleaning yourself is easy on the wallet, having it cleaned is easy on the nerves and a lot of hassle. Depending on the situation, you may have to do it 2-3 or 4 times privately, where a professional will immediately recognise the weak points.
Cleaning your own home: Cleaning by friends and acquaintances:
Ask your friends, relatives and acquaintances early enough whether they have time to help you clean. Don't suddenly find yourself alone on cleaning day. Cleaning makes you thirsty and hungry - so have drinks and refreshments to hand.
Preparation:
Before your helpers arrive, make a list of what needs to be cleaned. It helps if you go through the list room by room so that nothing is forgotten. Make sure you have enough cleaning materials ready and allow enough time. If you need special equipment such as carpet cleaners, reserve these from a specialist dealer well in advance.
Cleaning:
Assign tasks to your helpers using the cleaning list. This way, everyone knows what needs to be done and the work goes faster and more efficiently.
Tips on how to clean your property properly
Household cleaning is a service that, unlike building cleaning, involves the thorough cleaning of private households. A clean living environment is not only essential for hygiene, but also contributes significantly to a pleasant living atmosphere. If you are no longer able to clean your home on your own due to a lack of time or for health reasons, you should look for a domestic cleaning service provider. Home cleaning guide Household cleaning by a third party.
Household cleaning can be utilised as a service. It is usually contractually agreed in advance which activities are included in the household cleaning. It should also be clarified whether cleaning utensils are brought along or provided by the client.
Household cleaning services are offered by both individuals and cleaning companies. There are also various options in terms of the time frame and scope. Maintenance cleaning is cleaning that is carried out regularly and at fixed intervals.
Visual cleaning only involves rough cleaning, such as emptying waste bins. Basic cleaning is a type of cleaning that does not take place regularly, but is particularly thorough and also includes the cleaning of textile furniture, for example. Household cleaning - what's involved
The term household cleaning is of course just a broad generic term that covers numerous activities. Household cleaning includes vacuuming, mopping and sweeping floors, washing dishes, ironing, window cleaning and cleaning hallways and cellars. Work such as watering flowers or emptying letterboxes is also offered by many service providers.
Special services, such as the professional cleaning of upholstered furniture, thorough mould removal or the expert treatment of floors, are mainly offered by cleaning companies. For more specialised requests in particular, it is worth looking for service providers with experience in this field. With the practical cleaning checklist, you can optimally coordinate with your cleaner.
If you need help or specialist advice in this area, our partners will be happy to assist you. Contact us without obligation and free of charge, WENET AG.
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