Photo and Video Documentation for Tenants in Germany

When moving in, during the tenancy and at move-out: careful photo and video documentation helps tenants in Germany protect rights and secure evidence in disputes. This guide explains in plain language which recordings are useful, how to store files securely with timestamps and when to consider official forms or court action. It describes practical steps for move-in and move-out, advice on deadlines and contact points such as the local court or the Federal Ministry of Justice.^[1]

Why photo and video documentation matters

Photos and videos show the actual condition of the apartment, document defects and help substantiate claims — for example regarding repairs, damages or reclaiming the deposit. German tenancy law in the BGB defines landlord and tenant duties and when rent reduction or damages may apply.^[1]

When to take recordings

• At move-in: photograph entire rooms and make short orientation videos (photo).
• For visible defects: close-up shots of damage such as mold, missing heating or water stains (photo).
• Before move-out: photos and videos of the emptied apartment when returning the keys (move-out).
• At handover appointments: photograph confirmations and handover protocol copies and save form copies (form).

Which equipment and formats to use

Use your smartphone camera or a digital camera at high resolution. Keep original files unchanged and create a secure backup. Note date, time and location in filenames or in a companion file.

• Save originals and also JPG versions for easy viewing (photo).
• Keep videos short and show date/time on the recording or in the filename (calendar).
• Store correspondence and protocols as PDFs and include dates in filenames (form).

Securing evidence before and during legal action

Document defects continuously before attempting a settlement with the landlord. If out-of-court solutions fail, photos, videos and written demands are essential parts of a claim or response at the local court.^[2]

FAQ

Are photos and videos admissible in court?

Yes. Photos and videos are admissible if origin, timing and integrity are traceable; supplement them with date information and original files.

How long should I keep documents and photos?

Retention depends on the reason: keep at least until final resolution, typically several months to years for litigation.

Which authority decides rental disputes?

First instance is usually the local court (Amtsgericht); appeals go to the regional court and the Federal Court of Justice may decide on fundamental questions.^[3]

How-To

1. Before move-in: photograph every room wide-angle, take close-ups of defects and keep original files.
2. Date and time: show date/time in video or name files with ISO date.
3. Record: make a handover protocol, have the landlord sign and photograph the signed document.
4. Backup and share: create backups (cloud or external) and email copies to the landlord or your legal counsel.
5. Observe deadlines: send defect notices in time and document the delivery.

Help and Support

• Gesetze im Internet: BGB §§ 535–580a
• Gesetze im Internet: ZPO
• Federal Ministry of Justice and Consumer Protection (BMJV)

1. [1] Gesetze im Internet — BGB §§ 535–580a
2. [2] Gesetze im Internet — ZPO
3. [3] Bundesministerium der Justiz und für Verbraucherschutz
4. [4] Bundesjustizportal / Informationen zu Gerichten