Documenting Serviced Apartment: Tenants in Germany

As a tenant in Germany, it is important to document a serviced apartment carefully over the long term. Whether damage, recurring defects or unclear operating costs: good records protect your rights and make discussions with the landlord easier. This guide explains step by step which pieces of evidence you should collect, how to report defects formally and which deadlines and courts are relevant. The notes are practice-oriented, easy to understand and refer to applicable rules in Germany. If necessary, we also show how to prepare a lawsuit at the local court. Keep photos, messages and receipts systematically — this is often crucial to enforce rent reductions, repair claims or refunds.

Why document?

Documentation helps to prove the condition of the apartment, substantiate deadlines and support claims. Without clear records, evidentiary issues are difficult to resolve later. Note the date, time and circumstances of each report to the landlord and secure all relevant receipts.

Immediate actions after discovering a defect

• Record date and time when the defect first occurred and when it recurred.
• Take photos and videos: multiple perspectives, timestamps or photograph a note with the date.
• Report defects in writing (email or letter) to the landlord and ask for confirmation.
• Collect receipts and invoices if you pay for interim measures or repairs.

When drafting the defect notice, clearly state the defect, the effect on usability and set a reasonable deadline for remediation.

Which laws and courts are relevant?

Tenancy law in Germany is mainly governed by the BGB, especially provisions on landlord obligations and defects (§§ 535–580a).^[1] In disputes, the local court (Amtsgericht) is often the competent instance; it handles rent reductions, terminations and eviction lawsuits.^[2]

Common mistakes to avoid

• Do not wait too long to report: deadlines can limit your rights.
• Do not rely solely on verbal agreements; document all arrangements in writing.
• Do not allow landlords to enter without notice; agree appointments in writing.

FAQ

How do I prove a persistent defect?

Use photos, videos, dated entries and written defect notices to the landlord. Collect replies, contractor invoices and witness statements. These documents help in court if necessary.^[1]

What if the landlord does not respond?

Set a reasonable deadline for defect remediation and announce possible steps (rent reduction, self-help, lawsuit). If legal escalation is needed, the local court is competent.^[2]

Can I reduce the rent because of a defect?

Yes, rent reduction is possible for significant impairments. Documentation and legal advice are advisable, as the reduction amount depends on the individual case.

How-To

1. Create photos and videos immediately: multiple angles, close-ups and note the date.
2. Send a written defect notice to the landlord (email plus registered mail possible) and set a remediation deadline.
3. Document deadlines: date of dispatch, deadline expiry and any reactions received.
4. Collect receipts for all expenses (repair, temporary accommodation, moves) to claim costs back.
5. If no agreement is possible: file a lawsuit at the competent local court and present documents in order.^[3]

Key Takeaways

• Early and clear documentation increases chances of success when asserting claims.
• Photos, messages and receipts are often decisive evidence.
• Adhere strictly to set deadlines and respond promptly.

Help and Support

• Local courts: information and responsibilities
• BGB §§ 535–580a (Laws in Germany)
• Federal Court of Justice: rulings and principles

1. [1] German Civil Code (BGB) - Gesetze im Internet
2. [2] Justice Portal Germany - Local courts and competence
3. [3] Federal Court of Justice (BGH) - Decisions