Photo & Video Documentation for Tenants in Germany
As a tenant in Germany, thorough photo and video documentation at move-in, during the tenancy and at move-out is an important protection. Clear images and timestamps help when communicating with the landlord, reporting defects and as evidence in court. In this guide I explain which recordings make sense, how to secure Exif data and timestamps, which deadlines and forms to observe, and how to store evidence securely. The steps are practical and written for non-lawyers so you can clearly document damage, meter readings and handover protocols. This helps you avoid disputes and protect your rights effectively. Keep multiple digital copies in secure locations and share evidence only through traceable channels with the landlord, property management or insurer.
Why documentation matters
Photos and videos serve as objective proof of condition, damage and meter readings. This is important for defect notices, rent reductions or if a landlord asserts claims. Legal bases can be found in the Civil Code for tenancy and in the Code of Civil Procedure for court procedures.[1] [2]
Which recordings are useful?
- Photos (photo) of visible damage to walls, floors, windows and doors
- Videos (video) with a slow pan for overall views and to document noises
- Photos (photo) of meter readings (electricity, gas, water) at move-in and move-out
- Photos (photo) of the handover protocol and all signatures
- Documents (document) such as invoices, defect notices and correspondence as scans or photos
Practice: how to photograph and store?
Use your smartphone camera or a digital camera and ensure good lighting. Take detailed close-ups and wider shots for context. Record the date and time visibly in the image or keep original files with Exif metadata intact.
If necessary, create a simple folder structure: folders by year, date and topic (e.g. "2025-09-handover"). Check file integrity, for example by using ZIP archives with checksums or cloud backups with version history.
Forms, deadlines and legal steps
When reporting defects, send a written defect notice to the landlord. Use a clear form or your own letter with date, description and proof photos. Observe statutory deadlines for cure periods or deadlines; court proceedings are conducted at the local court as the first instance.[3]
Communication with landlord and authorities
Send defect notices by registered mail with return receipt or by email with read confirmation and attach photo evidence. Keep every proof of dispatch. If the landlord does not respond, you can submit the documented matter to the local court or seek advice.
FAQ
- How long should I keep photos and records?
- Keep handover protocols, invoices and photo/video evidence for at least three years; longer retention may be advisable if legal claims are possible.
- Are smartphone photos admissible as evidence in court?
- Yes, provided the files can be shown unchanged and the date/context are clearly identifiable; Exif data and accompanying documentation increase probative value.
- Which forms or sample texts exist for defect notices or terminations?
- Official templates and legal texts can be found at the responsible ministries and courts; use clear, dated letters with references to evidence and save proof of dispatch.
How-To
- Prepare: Check camera settings, enable date/time stamps or secure Exif data (photo).
- Systematically photograph: Room by room, take detail and overall shots for context (photo).
- Document: Create a handover protocol and attach photos/videos; note meter readings and names of involved persons (form).
- Observe deadlines: Give the landlord a reasonable deadline to remedy defects and record the response time in writing (deadline).
- Secure: Make multiple copies in safe locations (local and cloud) and create an index of evidence (document).
- If necessary, act legally: File documents with the local court or seek legal advice if claims exist (court).
Help and Support / Resources
- Civil Code (BGB) §§535–580a
- Code of Civil Procedure (ZPO)
- Federal Court of Justice (BGH) – tenancy decisions
