Enforcing Photo Evidence: Tenants in Germany
As a tenant in Germany, you should systematically keep photo documentation of condition, defects and handovers. Photos with date, location and short notes help with rent reduction, utility disputes or eviction actions. A clear sequence of images shows the condition at move-in, later damage and repair attempts — important for talks with the landlord and, if necessary, the local court. This guide explains step by step which shots are useful, how to store evidence securely and which deadlines under the BGB apply. I also list official forms and responsible authorities so you can better enforce your rights as a tenant in Germany.
Why photo documentation matters
As evidence, structured photo documentation helps resolve later disputes about defects, deposits or termination. Photos show condition at handover and after repairs and are often decisive before the local court[1].
- Condition at move-in (handover, walls, floors, meter readings).
- Visible damage and repair needs (cracks, mold, heating failure).
- Receipts and invoices (repair receipts, tradesmen invoices, emails).
- Date and time of photos (handover appointment, later occurrence of defects).
How to make photos legally sound
Take photos from multiple angles with close-ups and overview shots. Add short notes to each image (location, date, reason) and keep the original files unchanged. When using photos as evidence, procedural rules under the Code of Civil Procedure apply[2] and evidence assessment follows Federal Court (BGH) case law[4].
- Use camera or smartphone settings that embed date/time.
- Also document communication via email or text message as screenshots.
- Record repair attempts (before/after photos and invoices).
- Back up copies to a cloud service and an external drive.
Forms and templates
Important forms for tenants include model termination letters and handover protocols. Use official forms from federal authorities or courts when available and attach photo evidence. Responsible authorities and concrete templates are available on official ministry and court websites[3].
FAQ
- What should I photograph at the apartment handover?
- Photograph every room, meter readings, visible defects, installed fixtures and the condition of floors and walls.
- How long must I keep photos?
- Keep photos at least until the final settlement of the deposit and any legal disputes, usually 3–5 years.
- Can the landlord demand that I delete photos?
- No, deletion demands are only permissible in exceptional cases; preserve evidence if there is a justified interest and seek legal clarification.
How-To
- Systematically take photos per room at move-in and note the date.
- After discovering a defect, collect photos, invoices and emails.
- Report serious defects in writing and set a deadline for remedy.
- If necessary, compile documents for the local court and file a claim.
Help and Support / Resources
- Laws online (BGB, ZPO)
- Federal Court (BGH) decisions
- Federal Ministry of Justice and Consumer Protection
