Moving is stressful because there is often a lot to do in a very short space of time. This makes it all the more important as a tenant to know your rights and obligations and to know what needs to be taken into account to ensure that the old apartment is handed over to the landlord without any problems.
When does the apartment have to be handed over at the latest? What must their condition be when returned? How long does rent have to be paid after moving out and when will the deposit be returned? What if the landlord doesn’t show up to hand over the apartment or the tenant can’t be there? A bunch of questions about moving out of your old apartment – we have summarized the most important points about moving out and handing over the apartment for you.
How long does the rent have to be paid for?
The following generally applies: As a rule, tenants have a notice period of three months. By the end of these three months, a tenant must pay the full rent plus any advance payments – a utility bill will be sent to the tenant no later than the end of the following calendar year. It is not possible for a tenant to just pay the basic rent if they have already moved or the apartment has already been handed over to the landlord. The deposit may not be given to the landlord after moving out as a replacement for ongoing rent payments. The tenant will receive this back no later than six months after handing over the apartment – after these six months, the landlord’s claim to compensation for repair costs or similar is no longer valid.
By the way: Tenants must always observe the three-month notice period, but do not need a reason for termination. Landlords, on the other hand, can also terminate a tenant without notice – although this is not possible without a legitimate reason such as a breach of their obligations by the tenant.
Does the landlord have to accept a new tenant introduced by the tenant?
No. The widespread assumption that landlords have to accept the third party tenant introduced by the tenant who is moving out is wrong. According to the Federal Code (BGB), tenants must always pay the rent by the end of the notice period or the end of the contract – if landlords accept a proposed new tenant and release the tenant from the obligation to pay the rent by the end of the period, this is an act of goodwill and not the tenant’s right.
When does the apartment have to be returned?
Many tenants do not know that they can always keep the rental property in their care until the end of the last day of the rental agreement: If the last day is a Saturday, Sunday or public holiday, the landlord may only demand return on the following working day, according to Section 193 of the German Civil Code (BGB). However, the tenant is still not allowed to live in the rental property free of charge between the last day of the rental agreement and the return.
When the apartment or rental property is handed over to the landlord, it must be in the contractual condition – empty, undamaged and at least swept clean, and the tenant’s installations must also be removed. If the contract specifies additional requirements for the condition of the property, these must of course also be met.
Attention: Very specific clauses that say, for example, that the tenant has to paint regardless of the condition of the apartment are apparently usually invalid.
Who needs to renovate the apartment?
First of all, it is the landlord’s responsibility to renovate the apartment, although the rental agreement often states that this responsibility is transferred to the tenant. Whether renovation has to be carried out when moving in or out depends on the clause, i.e. the specific wording. As a rule of thumb, lawyer Johannes Hofele from the German Bar Association in Berlin told the Süddeutsche Zeitung: “[…]that tenants only have to return the apartment in the same condition as they took it over.”
If the landlord discovers damage that is not just signs of use when the apartment is handed over, the tenant must pay for the repairs. It can therefore be worthwhile to draw up a handover protocol together with the landlord before the end of the tenancy agreement – this way the tenant still has time to carry out the repairs themselves and in the end is usually stuck with relatively low costs.
By the way: A handover protocol is not mandatory, but is recommended by all parties. Using the log, meter readings, damage and wear and tear can be assigned to the correct tenant, so that the tenant can also pay for the repairs and any outstanding additional payments for additional costs.
Can the landlord enter the apartment before the end of the contract?
Yes – but only with the consent of the tenant. Landlords have the right to enter the rental property, for example to take photos for an advertisement. Tenants, on the other hand, can reserve the right to only grant landlords access at certain times or when they are present.
What should you pay attention to when handing over the keys?
It is important that all keys are handed over to the landlord when the apartment is handed over – including copies you made yourself. Apparently, according to a ruling from 2006, the person who owns a lockable (rental) property is the person who has the keys. If the landlord is not present at the handover, it is therefore not sufficient to leave the keys in the apartment, in a mailbox or with the caretaker (unless the latter is authorized in individual cases by the landlord or the property management to accept the keys at the handover).
If the tenant cannot attend the handover, a person authorized in writing may take over the tenant’s tasks during the handover.
Olga Rogler, editorial team at finanzen.net
