"Many tenants, however, are unaware that the handover protocol is also an extremely important document from their perspective. It creates the necessary evidentiary basis to resolve misunderstandings and allows tenants to protect themselves from unfair claims by the landlord," says Lia Siht, Head of Legal at the rental platform Rendin.
Tenant’s protective measure against unfounded claims
Siht provides an example from Rendin’s practice, where a landlord’s claim against a tenant turned out to be unfounded, thanks to the handover-acceptance protocol. “The landlord rented out a rather worn-out apartment through our platform, with extensive damage and wear on the furniture and surfaces. After the lease ended, the landlord demanded the tenant essentially pay for a complete renovation of the apartment,” she describes.
“When the case came to our rental experts, it became clear from the handover-acceptance protocol’s pictures that the rental property was in poor condition even before the tenant moved in. There were some minor damages, but nothing that would justify the landlord carrying out major renovation works at the tenant’s expense,” Siht explains.
She adds that there are many similar cases where landlords demand compensation from tenants for damages that existed on the property before the rental relationship began. “Therefore, it is very important that both the handover-acceptance and return protocols are properly completed, and the condition of the property is documented in detail. In such cases, it is difficult for either party to argue the situation in their favor if the evidence does not support it,” the lawyer explains.
The tenant can also take the photos for the handover protocol
According to Siht, the handover protocol is only useful in resolving disputes if it is properly completed. “I have seen many such acts that are about one A4 page long and only include the rental property details, the number of keys, the latest readings, and, in the best case, a brief list of appliances and furniture. The handover act must always include detailed photos,” emphasizes Siht.
“We often see in practice that the handover protocol is simply created with promotional photos taken from the rental listing. Generally, landlords believe that if any problems arise, they will remember exactly what the rental property looked like initially. However, our experience at Rendin shows the opposite,” she adds.
“Our legal team has handled many cases where the landlord claims that the tenant has broken or damaged something and demands compensation for the damages. However, comparing the pictures in the handover and return protocols often reveals that these defects were actually present in the property before the tenant moved in, and the landlord simply didn’t remember it,” Siht describes.
She emphasizes that if the landlord fails to take photos when handing over the property, the tenant should still do so for their own protection. “Take as many pictures as possible from every room and angle, and be sure to capture any defects or damage. Save the photos, for example, to Google Drive or send them by email to the landlord so you can later prove that the damage was not caused by you,” Siht recommends.
Do not sign an act you do not agree with
Siht adds that, in many cases, tenants either do not thoroughly review the handover protocol or are unaware that they can add their own comments. “We have had several instances where tenants have signed the protocol, even though they do not actually agree with it,” she says.
“For example, we recently had a situation where a tenant signed the handover protocol, which stated that the condition of the rental property was new and that a thorough cleaning had been done. After the lease ended, the landlord was not satisfied with the cleanliness of the apartment and demanded compensation from the tenant for cleaning costs and some defects,” Siht describes.
“According to the law, the tenant must return the rental property in the same condition as it was at the time of handover. However, the tenant stated that the apartment was dirty at handover and that some marks were already present. Fortunately, the tenant had notified the landlord about the cleaning deficiencies and damages via message when moving in, and we were able to resolve the situation through a compromise between the parties,” she explains.
Siht advises tenants that the handover protocol is not solely the landlord's responsibility or obligation. “Every tenant should thoroughly review the property again once they have taken possession. If the tenant notices any discrepancies between the photos in the act and the actual condition, they should update the act with newer pictures and comments, such as discovered marks, damages, and other similar issues,” the lawyer suggests.
“Otherwise, it will be very difficult or almost impossible to prove later that the protocol does not reflect the actual condition. Therefore, it is very important that the tenant adds to the act in case of any defects and records everything that the landlord might later claim compensation for,” she emphasizes.
What should a tenant do if the landlord seeks compensation for defects?
At the end of the rental agreement, both parties must complete the return act for the property on the Rendin platform. The landlord can add notes if they are not satisfied with the condition of the returned property or if the tenant has any outstanding debts. After this, the tenant has two options:
1. The tenant confirms that the return protocol and the images and notes attached to it are accurate.
If the content of the act is correct, the tenant must confirm it in our system.
“Tenants have the right to address any defects independently until the rental property is returned. After the property has been returned, defects can only be fixed by agreement with the landlord. However, the tenant still has the option to be involved in this process if they express the desire to do so,” explains Siht.
“For example, the tenant can help find suitable and reasonably priced offers for repairing damages or look for equivalent replacement items. If the tenant wishes to assist the landlord in addressing the defects, they should inform the landlord as soon as possible,” she adds.
Siht advises tenants to participate in the defect repair process, as it reduces the likelihood that the final damage claim will be higher than expected. “Based on our experience, cooperation between the parties generally helps reduce the amount of the damage claim,” says the Head of Legal at Rendin.
2. Tenant rejects the return protocol
If the tenant does not agree with the information presented in the protocol, either partially or entirely, they have the right to reject the protocol and provide their reasoning in the comments.
“We recommend duplicating the same comments in an email to the landlord to begin a discussion about the defects and avoid any potential misunderstandings. It’s important to provide clear and specific justifications and evidence to support the claims. This could include photos taken by the tenant of the property’s condition at the time of move-out or relevant previous correspondence with the landlord,” advises Siht.
She adds that, in any case, it is recommended to try to resolve issues through negotiation with the landlord to ensure a satisfactory outcome for both parties. “If communication breaks down and the parties cannot reach an agreement, we encourage tenants to contact Rendin’s legal department. Our specialists will assess the case and provide their position on the matter,” the lawyer says.
How is a damage claim opened?
If the defect listed in the protocol falls under the tenant’s responsibility, the landlord has the right to arrange for the defect to be repaired after the property is returned and submit a claim for damage compensation to the tenant. “If the tenant does not accept the claim, the landlord has the right to contact Rendin and open a damage claim,” says Siht.
“During the process, Rendin assesses all the submitted evidence, facts, and the positions of both parties, and analyzes the claims. Rendin takes over the recognized claims and then contacts the tenant with a recourse claim. If the tenant is unable to pay the claims immediately, Rendin offers a flexible option to pay the debt according to a payment schedule,” she explains.
