Digital Signatures & Evidence for Tenants in Germany

Digital Signatures and Evidence: What to Check

As a tenant, you should carefully check digital signatures in the lease and electronic evidence. Legal validity often depends on the contract content; general tenancy rules are found in the BGB.^[1] In court disputes, civil procedure rules of the ZPO apply.^[2]

Quick Check for Tenants

• Check signature and certificate (valid certificate, timestamp, document).
• Secure electronic files: export to PDF/A and preserve metadata.
• Take photos and videos as evidence for defects and record dates.
• Note deadlines: observe receipt and response periods.
• Send formal notices in writing (registered mail or qualified e‑mail) and keep proof.
• For disputes: get information about proceedings at the local court.^[3]

Practical Steps

The following order helps secure evidence and signatures so they can be used in court.

1. Check the signature: verify provider, certificate chain and timestamp.
2. Save all relevant documents and emails; keep an organized copy.
3. Note receipts and deadlines and respond within the set timeframes.
4. Contact advisory services or, if necessary, the local court to clarify next steps.^[4]

What to Do with Disputed Evidence

If a landlord cites a digital signature or presents electronic evidence, compare technical data (signature certificate, creation time) with your records. Request a copy of the original file and document every exchange by email or post. For technical uncertainties, experts or IT appraisers can help.

FAQ

Does a digital signature apply to a tenancy agreement?

Yes, a qualified electronic signature can be legally binding in some cases; check the certificate and contract terms.^[1]

Do I have to keep electronic evidence?

Yes, keep important emails, payment receipts and photos, especially for rent reduction or termination.

Which court handles tenancy disputes?

Most tenancy disputes are handled by the local court; appeals go to regional courts and possibly the BGH.^[3]

How-To

1. Check: verify signatures and request original files.
2. Secure: export documents to PDF/A and save metadata.
3. Observe deadlines: note and respond within time limits.
4. Act: file a claim at the local court if necessary.

Help and Support / Resources

• BGB text and tenancy law
• ZPO procedural rules
• BGH tenancy law decisions

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Decisions on tenancy law – Bundesgerichtshof (BGH) – bundesgerichtshof.de
4. [4] Information on local courts – Federal Ministry of Justice (BMJ) – bmj.de