Defect List on Move-in: Tenant Rights in Germany
When moving into a new apartment, tenants in Germany should prepare a complete defect list. This protects against unjustified claims at move-out and is especially important if you move far away for work or study. Document all visible damages, defects to heating, water or electrical systems, as well as missing keys and note the condition of floors and walls. Photos with dates, written descriptions and witnesses increase evidentiary strength. This guide explains which legal foundations apply, how to meet deadlines, which official template forms are available and how to enforce defects securely when relocating long-distance. We show practical steps to create the list, how to notify the landlord in writing and which pieces of evidence are relevant at the local court.
What belongs in the defect list?
A complete defect list should be clear, dated and as specific as possible. Note each point separately and avoid general formulations.
- Photos with date and a short description of the defect
- Concrete descriptions of damage to floors, walls or doors
- Working heating, hot water and other building systems
- Leaks, dampness or mold spots
- Missing or defective keys and locks
- Meter readings for electricity, gas and water at move-in
How to document defects securely
Use multiple types of evidence: photos, videos, written descriptions and, where possible, a witness signature. Send the defect notice by email and additionally by registered mail or hand-delivery with receipt to prove deadlines and receipt.
- Written defect notice to the landlord with date
- Photo documentation with timestamp or accompanying text
- Phone note with time and contact person as supplemental documentation
Legal foundations
The most important statutory provisions are found in the Civil Code (BGB), in particular on landlord obligations and rent reduction, and in the Code of Civil Procedure (ZPO) for court proceedings.[1][2]For enforcement of claims, the local court (Amtsgericht) is often competent in the first instance; appeals can go to the regional court and possibly the Federal Court of Justice.[3]
Forms and templates
There is no nationwide mandatory defect notice form, but the following templates and letters are practical:
- Termination letter (sample) – if a timely termination is necessary
- Defect notice / request for remediation – ask the landlord to set a deadline
- Filing of a claim (eviction claim or payment claim) – if extrajudicial steps fail
Check official publications and court guidance for concrete templates and formal requirements before sending.[4][5]
FAQ
- Which deadline should I set for the landlord?
- Set a reasonable deadline for defect remediation, often 14 to 30 days; for acute dangers, shorter.
- Can I reduce the rent?
- Yes, for significant impairments to habitability you are entitled to a rent reduction; document the extent and duration of the defect.
- Who decides on claims when relocating long-distance?
- If you cannot reach an agreement with the landlord, the competent local court decides on evidence and claims.
How-To
- Create a dated defect list on the move-in day and photograph all relevant spots.
- Send a written defect notice to the landlord and request a remediation deadline.
- Keep all receipts, messages and photos and note any witnesses.
- If there is no response, consider legal steps and prepare to file a claim.
