The handover act is an important part of the Rendin service and is supplemental to every digital rental agreement signed on the platform. In addition, landlords on the Rendin platform get extra protection and the tenant gets a middle-man who helps solve misunderstandings and problems should they occur.
What is a handover act?
The handover document is an agreement between the landlord and the tenant that must be drafted and confirmed both when the rental property is handed over and when it is returned. It provides the necessary evidence base for resolving potential misunderstandings and claims more effectively.
A properly executed act documents the condition of the living space at the time of the tenant's move-in and move-out, includes up-to-date photos, lists the items in the property, notes any defects, and records the latest meter readings. This creates a proper comparison between the two handover documents: one prepared at the beginning of the rental agreement and the other at its end.
The handover document is mainly necessary in order to clarify, for example, at the end of the rental agreement, whether any damages found on the property existed before the tenant moved in or if they resulted from the tenant's actions, and who bears the costs. But how should you draft the handover document to ensure it is useful in resolving disputes?
1. Include up-to-date and detailed photos in the document
One of the most important things is that the handover document includes up-to-date and detailed photos that reflect the condition of the furniture and interior. "It is essential to include freshly taken pictures in the document, which reflect the property's actual condition at the present moment. Using outdated photos only causes unnecessary confusion and, in such cases, the document cannot be validated," explains Lia Siht, chief legal officer at Rendin.
Siht adds that the photos used in the document should not be too general, as this often leads to significant disputes between the parties. "An overview of the room is important to show the overall condition of the living space. However, the document should also include more detailed pictures that provide insight into the condition of specific items," she says.
"The document should definitely record the condition of valuable items, electronic devices, and furniture, capturing both general shots and detailed photos from various angles. Special attention should be paid to areas prone to easy or unintentional damage, such as kitchen furniture and countertops, stove and sink surroundings, bathroom, floors, and hallway walls," advises Siht.
Siht also emphasises the importance of photographing the room in a way that includes the ceiling. "It's also beneficial to capture views of the room from both the door and window sides, and to have all lights turned on during taking pictures, regardless of whether it's day or night. You should also fix the state of the curtains and take pictures of them both closed and open. In order to capture the exact condition of the equipment, you should also take pictures of the inside of the oven and refrigerator. If there are blankets or covers on the bed or sofa, these should be removed before taking pictures," explains the lawyer.
The same applies for the use of beauty pictures, which are taken, for example, to be used in the process of selling an apartment. “These photos are not suitable for the handover act, because in the case of a rent dispute or even a court case, the tenant cannot be held accountable if they have caused damage but will not admit to it. It is worth keeping in mind that the date and time when the photos were taken can always be proven,” she adds.
2. Document all defects
Also, all defects in the living space should be documented in the handover document, along with a brief description of the property's condition.
"This means that if, for example, there are deep scratches on the apartment's floor, some appliances are not in working order, or there is water damage on the kitchen countertop, they must be documented in the act. Additionally, you should also photograph all minor dents, scratches, and signs of wear on furniture or interior design," advises Siht.
If the document is too general and fails to accurately record the condition of the living space, it becomes nearly impossible to prove when damages occurred and who is responsible for them. "This can place one party in a disadvantageous position because it's not possible to determine who is right. The tenant might find themselves the subject of unfounded accusations, or the landlord might lose compensation for damages," describes the legal expert.
Siht emphasises that the handover act is not only in the landlord’s control or their duty. "We always encourage tenants to inspect everything on their own once they have been granted access to the apartment. If necessary, the tenant should take new photos if they notice any differences between the visuals included in the handover act, and the reality. In such scenarios, it is justified to supplement the act with more recent photos and notes (e.g., discovered cracks, damages, broken furniture),” she adds.
3. Set expectations for the final cleaning
According to the chief legal officer of Rendin, one of the biggest reasons for disputes between landlords and tenants is cleaning. "Therefore, it is important to clearly establish in the handover document the exact expectations regarding the final cleaning. It is certain that the end-of-lease cleaning of a rental home must be significantly more thorough than everyday cleaning," she explains.
“There is one rule of thumb to ensure the quality of final cleaning: upon termination of the agreement and returning the rental space to the landlord, the space must be in the same condition as previously documented in the handover act," emphasises Siht.
"This means that if the living space was handed over to the tenant after professional cleaning, and the landlord wants to get it back after professional cleaning, then it must be clearly agreed with the tenant," says the lawyer.
4. List the property present in the living space
The handover document should include a list of furniture, appliances, and other valuable items present in the living space. “Additionally, it should document the latest readings for utilities such as water, electricity, and gas to avoid disputes over consumption or costs later on," says Siht.
"Additionally, it should be documented how many sets of keys, which specific keys, and for instance, gate remotes were handed over to the tenant. In this way, after the rental agreement ends, it's easy to verify if everything is present in the apartment or if something was not returned to the landlord," she adds.
“For Rendin users, it is very convenient to draw up a handover act since the substantive structure is already provided. The landlord must simply follow what the application asks for and fill out the empty fields. In this way, the parties can be sure that no important aspect is left unrecorded," explains the chief legal officer of Rendin.
Those who do not use Rendin must create a base for the act themselves. “There is no single formula for this, however the document should certainly contain the aforementioned elements (photos, list of property, readings, existing deficiencies, the number of keys to be handed over, etc). It is important to remember that the parties must also forward the prepared deed and the pictures to each other, and not just keep them to themselves," Siht repeats.
Siht adds that the document should be finalized on the same day the keys are handed over. "Both parties should fill out the document together during the handover of the living space to ensure that the photos are current and everything is properly documented," the lawyer explains.
