Documenting Photos & Videos: Tenants in Germany

For tenants in Germany, photo and video documentation is important during apartment handovers, damage recordings or for securing evidence. On weekends the same legal principles apply as on weekdays, but practical questions about data protection, access and deadlines occur more often. This guide explains in plain language when you may take photos or videos, how to store them securely and what information is useful in court or at the local court. This includes notes on relevant legal provisions, correctly recording timestamps and simple formulations for written defect notices. The aim is to give you as a tenant clear, practical steps so that you are prepared for disputes and can assert your rights in Germany.

When is documentation allowed?

In principle, as a tenant you may photograph and film conditions in your own apartment. Pictures of damage, damp spots or defective appliances are permitted as long as you do not systematically record neighboring apartments or private areas of others. For photos including neighbors or building staff you should ask for consent in advance. The landlord's maintenance obligations and the tenant's rights arise from the Civil Code (BGB).^[1]

What applies on weekends?

Legally, weekends are no different from weekdays. Practically this means: if you discover defects on the weekend, document them immediately with date and time. Also collect evidence such as disturbance reports by e-mail or SMS and keep originals of invoices. In case of acute dangers (e.g. burst pipe) act immediately and inform the landlord in writing as well as by phone; document your actions with photos or a short video.

• Take photos and short videos immediately to document condition and extent.
• Keep visible date and time or add a time note to the file.
• Document repair attempts and contractor contacts photographically.
• Do not take images of neighbors or third-party areas without consent.

How should files be stored?

Use multiple storage locations: phone/tablet, cloud backup and a local copy on an external drive. Pay attention to secure naming (Date_Location_Description) and create a short log with timestamps and witnesses if necessary. If possible, preserve metadata (file date) and export screenshots of messages by which you informed the landlord.

What information helps in court?

For the local court or other instances, clear information is important: place, date, time, exact description of the damage, names of witnesses, communication with the landlord and receipts such as invoices. If you later file a lawsuit, the rules of the Code of Civil Procedure (ZPO) apply, especially regarding deadlines and evidence.^[2]

Practical example: Rent reduction or reporting defects

If there is a significant defect (e.g. heating failure), report the defect in writing and document it with photos/videos. State briefly what does not work, what consequences it has and set a deadline for remedy (e.g. 14 days). If the landlord does not respond, you may reduce the rent or consider legal steps. Keep all messages and receipts; court decisions, for example from the Federal Court of Justice, show that structured evidence is decisive.^[3]

Common mistakes to avoid

• Only producing blurry or incomplete pictures without context.
• Not providing date/place or an additional written note with photos.
• Failing to document phone calls: note time and contact person.

FAQ

Can the landlord require that I do not take photos on weekends?

No. In your apartment you may document. Restrictions only arise if third parties are affected or personality rights are violated.

Do I have to inform the landlord before taking photos?

For damage in your apartment not necessarily. For interventions in other apartments or common areas, consultation is advisable.

How long should I keep evidence photos?

As long as a possible legal dispute threatens: at least until final clarification, often several years.

How-To

1. Take photo/video immediately and describe clearly (place, damage, date).
2. Add date and time; if possible include a visible calendar/date in the image.
3. Report defects in writing by e-mail or registered mail and attach or reference copies of the media.
4. Create backups (cloud + local copy) and a log with witnesses.
5. If the landlord does not respond, set deadlines and have the local court review the matter if necessary.

Key Takeaways

• Careful, dated photos increase evidentiary strength.
• Respect the privacy of others and obtain consents.
• Act quickly on acute damage and document every step.

Help and Support / Resources

• Civil Code (BGB) – Rights and duties
• Code of Civil Procedure (ZPO) – Procedural rules
• Federal Court of Justice (BGH) – Case law

1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet: Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH)