When a lease agreement expires, it is essential for the tenant to vacate the property completely on time and to properly complete the key handover process. The key handover is a crucial step that proves the tenant has fully met their obligations and returned the property as expected. Even if the tenant physically vacates the property, failure to return the keys properly means that the lease obligations will continue.

The key handover should be conducted at the time of the tenant’s departure, and the landlord, lessor, or an authorized representative should inspect the property’s condition. Documenting these matters in a handover protocol benefits both the tenant and the landlord.

1. Key Handover Protocol and Essential Elements

Once the tenant has prepared the property for return, they should ensure that a handover protocol is drafted at the time of returning the keys. This document serves as evidence that the tenant's obligations have ended and can also protect the tenant from potential liability regarding the condition of the rental property. Likewise, the landlord can record any damages and claim compensation if the tenant is responsible.

The handover protocol should include the date and time of the handover, as the tenant’s obligations officially end at that moment. If a security deposit has been refunded, this should also be recorded in the protocol. Any outstanding debts or payments between the parties, along with their amounts and reasons, should be specified. If no debts remain, the protocol should include a statement confirming that both parties release each other from further claims.

Additionally, the protocol should document the condition of the property’s fixtures and furnishings. Normal wear and tear is expected, but significant damages caused by the tenant may be subject to compensation. To prevent disputes, the landlord should personally inspect the property during the handover and take photographs of any damages. Similarly, the tenant should take comprehensive photos of the property to prove they did not cause any damage.

2. What If the Landlord Refuses to Accept the Keys?

In some cases, the landlord may unreasonably refuse to accept the keys or instruct the tenant to hand them over to a third party without a written authorization. If the tenant delivers the keys to an unauthorized individual, they may later face claims that the keys were never returned. Therefore, tenants should never hand over the keys to an unauthorized person without written proof.

If the landlord refuses to accept the keys, the tenant has two legally valid options to fulfill their obligation. The tenant can apply to the court to designate a deposit location for the key handover. Once the court determines where the keys should be deposited, the tenant should notify the landlord in writing of the deposit’s location and date. To ensure legal validity, this notification should preferably be sent via notary public (notarized notice).

Alternatively, the tenant can go to a notary public and deposit the keys there while sending an official notification to the landlord. This method is often faster and more cost-effective than the court process.

If the tenant fails to follow one of these two methods, their lease obligations will continue, which may result in additional financial losses. Therefore, incurring a small legal expense for proper key handover can prevent significant future costs.

3. Conclusion

The burden of proof regarding the key handover lies with the tenant. If the tenant fails to return the keys or cannot prove that they have done so, the eviction process is considered incomplete, and the tenant’s rent payment obligation will continue. Even if the landlord refuses to accept the keys, the tenant must deposit them through a court or notary public and formally notify the landlord.

Lease agreements involve various legal obligations from start to finish. To protect your rights, manage the process correctly, and avoid unnecessary financial losses, we strongly recommend seeking legal assistance from an experienced attorney.