Ensuring Harmonious Transfers: A Guide to Constructive Handover Procedures
In the tub or the doorframe, looking impeccable? Whether you're bidding farewell to an old living space or welcoming a new one, making a record of the place's condition is a smart move. This is where a handover document comes in handy.
Whether it's at the beginning or the end of the lease: A handover document allows tenants and landlords to avoid disputes when turning over the apartment. It offers insights into the apartment's current state, damages, and issues, meter readings, and key count. But what else is included in a handover document? Why is it essential to have one? And why isn't one always available? Let's tackle these questions head-on.
Is a handover document compulsory?
Nope, there's no legal obligation to prepare a handover document. This means that if a landlord doesn't care for it, tenants can't demand its existence.
Why is documenting important for tenants?
It serves as evidence in case of disagreements with landlords. The document records the apartment's condition at the beginning of the lease, including damages and improvements. For example, if there were any noticeable problems upon moving in, these can be traced back to the move-out using the document. Tenants wouldn't have to pay for repairs or their associated costs if they aren't responsible for the damages, according to Anja Franz from the Munich Tenants' Association.
Additionally, recorded meter readings help tenants understand their consumption during the lease. Potential unexpected costs can be questioned based on these readings.
What are the risks if no document is created?
In a dispute, tenants have little to rely on to demonstrate how they took over and left the apartment. If the landlord claims damages, tenants may end up paying for issues that weren't their fault. "Proving that the damage existed beforehand is the tenant's responsibility," says Franz. "And they can only do that with the document."
How is the document created?
On the moving day, both the tenant and the landlord should conduct a room-by-room inspection. Rental Lawyer Nico Bergerhoff suggests describing the apartment's condition as precisely as possible for this document's evidentiary value - a freshly painted living room wall should be recorded just as accurately as three broken balcony railings. If everything is in order, this should also be noted. The person in charge of the document should discuss the observations with both parties.
During the final inspection, tenants have another chance to confirm if they need to make any final adjustments before leaving. These measures and their completion should also be recorded in the document.
What should be included?
The main focus is on typical wear-and-tear issues. Floors, ceilings, and walls: Are there holes, cracks, or peeling wallpaper? Are door frames and doors, outlets, and baseboards in good condition? Do the windows close correctly?
Upon moving in, every stain, scratch, or leak in the parquet, mold, etc., should be recorded to protect against unjustified claims.
The handover document includes a list of items left behind such as a fitted kitchen with appliances, bathroom fixtures, and landlord-installed fixtures like balconies or kitchens remaining in the apartment. If the landlord wants to reclaim these items against a deposit, this information should also be included.
Additionally, the handover document includes key handover and meter readings for heating, water, and electricity. Even if the document isn't used, tenants should still ensure they receive written confirmation of all keys returned by the landlord. Both parties should also prepare a reading document for the meters to avoid arguments over service charge billing.
What form should the written document take?
There are no legal rules regarding this matter. Experts recommend adding details such as the names and addresses of both the tenant and the landlord, the property's address, the date of inspection or move-in/move-out, the date of the last renovation, and any agreements about repairs to be completed.
There are rental document templates available online, often with checkboxes. This will save a lot of time in writing. However, Nico Bergerhof advises using blank paper to record the individual details of the inspection. In his opinion, an open document has a higher evidential value than templates, and additional photos and videos can weaken its impact.
When does the document become official?
Both the tenant and the landlord should sign the document. This makes it legally binding and confirms that they both agree with the document's content. If only one party signs the document, its evidentiary value is reduced.
Both the tenant and the landlord receive a copy. A handwritten document created on-site should be photographed. This ensures that the creator cannot make any alterations later.
Read also:
- In the event of legal disputes over damages or repairs, the handover document, serving as evidence for the apartment's condition at the beginning of the tenancy, proves beneficial for both the tenant and the advisor from the Munich Tenants' Association, emphasizing the importance of its inclusion.
- During the transition process, a thorough understanding of tenancy law is indispensable for the landlord, ensuring they handle judgments related to tenancy agreements and handover procedures in accordance with the law, thus minimizing potential legal issues.
- If the tenant encounters any legal concerns involving tenancy law, consulting an advisor well-versed in this area can provide valuable guidance, offering insights on how to navigate potential disputes and adhere to legal requirements for tenant-landlord relations, including the handover process and rental agreements.
