Create a Legal Move-in Defect List in Germany

When moving in, tenants in Germany should prepare a complete, legally sound defect list. Careful documentation protects against later disputes over damages, operating costs or deposit deductions and often forms the basis for rent reductions or repair claims. This guide explains in easy-to-understand steps which elements belong in a handover protocol, how to add photos, dates and witnesses, which deadlines to observe and how to use template forms. You will also learn when a written notice is necessary and which courts or authorities are responsible. The aim is a practical guide so that as a tenant you can assert your rights in Germany securely and effectively. The tips are practical and translate legal jargon into plain language. If necessary, we also explain how to prepare a lawsuit and which deadlines the local court considers.

What belongs in the defect list?

A defect list should be clear, dated and signed. Note the location, extent and condition of each defect and attach supporting photos.

• Exact description of the defect and location, incl. photos (photo) and date.
• Condition of heating, water and electrical systems, with measurements if available (heating).
• Indicate whether keys were handed over or an inspection took place (entry).
• Damage to floors, walls or windows; humidity or mold measurements if applicable (mold).
• Signatures of tenant and landlord or witnesses; reference to notice or form templates (form).

How to document defects?

Documentation helps enforce claims. Use clear photos, dates and a running log of all communications with the landlord.

1. Take photos (photo) from different angles with dates, and involve witnesses if necessary.
2. Note the date and time of each observation and the initial report to the landlord (calendar).
3. Send a written defect notification by email and registered mail and document receipt (form).
4. Collect contacts of contractors or experts and cost estimates (call).
5. Keep copies of all documents and include the handover protocol when moving out (move-out).

Forms and deadlines

Relevant legal bases in Germany are found in the BGB^[1]. Deadlines for lawsuits and civil procedure steps arise from the ZPO^[2]. Important precedents from the BGH often clarify tenancy law details^[3]. Practical forms for lawsuits or payment orders can usually be found via the state justice portals or the central justice portal^[4].

Practical example: You find mold in the bedroom. Immediately create a defect list with photos, send a written defect notice to the landlord by registered mail, set a reasonable remedy deadline (e.g. 14 days) and note the response. If there is no response, document further lack of remediation steps and prepare a claim or lawsuit.

FAQ

Do I always need a written defect list?

No, but a written, dated and signed defect list is the best evidence. Without written documentation, later claims are harder to enforce.

Can I reduce my rent because of defects?

Yes, for significant defects a rent reduction is possible. The legal basis is in the BGB. It often helps to seek legal advice before reducing the rent.

Who do I contact for major damage?

For serious hazards (e.g. severe mold infestation or heating failure) you should inform the landlord immediately and, if necessary, contact the local court or a conciliation body.

How-To

1. Inspection: Inspect (inspect) the apartment immediately at handover and note visible defects.
2. Evidence: Take photos (photo), videos and create a list with dates.
3. Notice: Send a written defect notice (form) to the landlord and set a reasonable deadline.
4. Follow-up: If no remediation occurs, obtain cost estimates and inform the landlord again.
5. Legal route: If necessary, prepare the lawsuit and submit documents to the local court (court).

Help and Support / Resources

• Gesetze im Internet: Civil Code (BGB)
• Gesetze im Internet: Code of Civil Procedure (ZPO)
• Federal Court of Justice (BGH) - Decisions

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1. [1] Bfcrgerliches Gesetzbuch (BGB) a7a7 535580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Federal Court of Justice (BGH) - Decisions
4. [4] Justice Portal of the Federal Government and the Länder - Forms and Information