Collecting Evidence as a Tenant in Germany

As a tenant in Germany, you can collect evidence and comparable apartments to protect your rights in case of defects or unlawful rent increases. This guide explains step by step which documents are helpful, how to correctly secure photos and dates, which deadlines you must observe and when to send an official letter to the landlord. I describe practical templates, name relevant paragraphs of the BGB^[1] and show how to prepare documents for the local court. The language remains simple so you can act immediately without a legal background. At the end you will also find information on competent authorities and official forms so that you can quickly request support in Germany if needed.

What counts as a comparable apartment?

Comparable apartments help to prove market rents and the equipment of similar properties. Comparisons are especially useful when objecting to a rent increase or assessing a local comparable value.

• Compare current rental offers (rent) in a similar location
• Save listings and apartment descriptions as evidence
• Document floor plans, room count and square meters as proof

Which documents should tenants collect?

Collect all proofs that document condition, costs and communication. Organize documents chronologically and note date, time and people for conversations or inspections.

• Photos and videos of the defect with date (evidence)
• Receipts, rent payments and deposit statements (rent/payment)
• Correspondence by e‑mail or letter (form/notice)
• Repair orders, tradesmen invoices and maintenance logs (repair)

Deadlines, forms and authorities

Pay attention to deadlines: defect notifications should be sent promptly and rent reduction or remediation must be documented within reasonable timeframes. Judicial procedures follow deadlines of the ZPO^[2]. In the first instance, local courts (Amtsgerichte) are usually responsible; appeals go to the regional court and important precedents are decided by the Federal Court of Justice (BGH)^[3].

Important official forms and guidance can be found at the justice authorities. Examples of practical forms are:

• Application for legal aid (Prozesskostenhilfe, PKH) — when you cannot afford court costs (example: apply for PKH before filing a claim).
• Written defect notice / request for remediation — informal notification with a deadline (example: 14 days to remedy the defect).

FAQ

Which documents are sufficient for a rent reduction?

Photos of the defect, written defect notifications, repair logs and witness statements are typical documents; note times precisely.

How do I find suitable comparable apartments?

Search for listings with similar apartment size, location and features and save offer pages and screenshots as proof.

When should I involve the local court?

If out-of-court settlement fails or the landlord ignores deadlines, you can file a claim at the competent local court.

How-To

1. Record: Photograph defects with date and create a list of all relevant documents.
2. Write: Send an informal defect notification by registered mail or e‑mail with a deadline (form).
3. Secure: Collect invoices and proofs of failed repairs (repair).
4. Act: If necessary, prepare documents for a claim at the local court and check legal aid options (court).

Help and Support

• Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
• Gesetze im Internet: Zivilprozessordnung (ZPO)
• Bundesgerichtshof (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) — Gesetze im Internet
3. [3] Bundesgerichtshof (BGH)
4. [4] Bundesministerium der Justiz (BMJ)