A signed handover protocol is not sufficient to hold tenants liable for damage

Protocol forms that contain a declaration, often in small print and without further details, immediately after the columns for listing the defects and before the signature section, that the tenant recognises liability for the listed defects and undertakes to pay the repair costs, are not permitted.

The landlord must report defects to the tenant within two to three working days of returning the property, otherwise he loses his claims.
The previous assumption that the tenant had accepted the flat in good condition no longer applies. The landlord must provide evidence of the condition of the property in the form of an acceptance report, as he bears the burden of proof for any damage. A joint life expectancy table from the owners‘ and tenants’ association serves as a reliable basis. (Source: Federal Office for Housing)