Essen Regional Court - Judgement of 11/09/2025 - Ref. 10 S 22/25
Previous instance: AG Bottrop, judgement of 19.12.2024 - 8 C 68/24
Legal force: final (appeal not authorised)
Keys in the letterbox - flat effectively returned?
At first glance, returning a rented flat seems banal: keys handed over, job done. But what happens if the tenant does not hand over the keys in person, but puts them in the landlord's letterbox?
In its ruling of 11 September 2025, the Essen Regional Court has drawn a clear line on this: Dropping the keys in the landlord's letterbox can result in the return of the rented property - with far-reaching consequences for eviction claims and claims for damages.
The background: Cancellation due to payment arrears
The landlord had terminated the tenancy without notice due to payment arrears. cancelled and eviction as well as rent arrears. The tenant claimed that he had renovated the flat, vacated it and put the keys in the landlord's letterbox.
Bottrop Local Court dismissed the action for eviction. It considered the surrender to have been fulfilled (Section 362 (1) BGB). The plaintiff appealed against this decision.
The Essen Regional Court confirmed the decision of the lower court.
Scale: relinquishment of possession and recovery of the leased property
The central question was whether the key insertion constituted a return of the leased property within the meaning of Section 546 (1) BGB or Section 985 BGB.
The court clarifies:
- The decisive factor is a Change of ownership in favour of the landlord.
- The tenant must give up his property completely and unequivocally.
- The landlord must be put in a position to actually access the rented property.
As soon as only the landlord has de facto access, the property has been returned.
Key insertion as a possession task
In the opinion of the Regional Court, posting the keys in the landlord's letterbox fulfils these requirements.
The tenant manifests his intention to relinquish possession to the outside world by posting the notice. From this point onwards, only the landlord is able to enter the flat. The tenant no longer has access.
What was also decisive here was that the keys were not thrown into the letterbox belonging to the flat, but into the Landlord's letterbox. This clearly shifted the control of the property.
Evaluation of evidence: No doubt about the return of the keys
In particular, the plaintiff challenged the assessment of the evidence. He doubted that the keys had actually been thrown in.
However, the Regional Court clarified that it is bound by the findings of the court of first instance in accordance with Section 529 (1) no. 1 ZPO as long as there are no concrete doubts as to their accuracy. The chamber did not see any such doubts.
In the court's view, the witness statements and a video clearly proved that the key was thrown in. Mere abstract doubts are not sufficient to force a new taking of evidence.
Consequence: No eviction, no further compensation for damages
As the return had already taken place, the claims for restitution were unfounded. Further claims for damages due to alleged late return were also unsuccessful.
The plaintiff's unilateral declaration of settlement did not change this. The decisive factor is whether the action was originally well-founded - and in the opinion of the court, it was not.
Significance for practice
The decision makes this clear:
- It is not absolutely necessary to hand over the keys in person.
- The decisive factor is the Clear possession task of the tenant.
- Dropping the key in the landlord's letterbox may be sufficient.
- Landlords should check their letterboxes promptly.
For tenants, the ruling means legal certainty: anyone who hands over the keys clearly and verifiably fulfils their obligation to return them - even without a formal handover ceremony.
Conclusion: Actual accessibility is decisive
The Essen Regional Court focuses on the actual control of the property. When the keys are handed in, the tenant loses any possibility of access, the landlord receives them.
The rented property is thus returned. There are no further claims for eviction.
