Inventory & Photo Check for Tenants in Germany

When moving in or out, a carefully kept inventory list often decides disputes between landlord and tenant in Germany. This text explains in plain language why dated photos, precise descriptions and signatures matter, which deadlines to watch, and which official legal references apply. It is aimed at families and households who want to secure evidence without legal expertise. You will find practical steps, example wording and pointers to relevant laws and courts so that you can better document damages, missing items or later claims.

What is an inventory list and why it matters

An inventory list (handover protocol) records the condition and fittings of an apartment at move-in or move-out. A complete protocol with photos reduces disputes about damage and wear because it shows the starting condition.

What to check in a photo review

• Photograph each room from several angles, including windows, doors and floors.
• Take close-ups of damage, scratches, stains or mold with date and time.
• Note inventory, meter readings and keys in the protocol.
• Have the protocol signed by landlord and tenant and keep a copy.

Which deadlines and legal bases apply

Tenants should report defects and discrepancies as soon as possible when moving in, because later complaints can be harder to enforce. The statutory duties of tenants and landlords are governed by the BGB; rental disputes are usually handled by local courts and can be appealed up to the BGH.^[1][2]

Practical official forms and when to use them

Official state sites provide law texts and guidance; specific sample letters such as termination notices or complaint forms are available from justice authorities. A common document is the sample termination letter (used together with the handover protocol) to end the tenancy with notice.^[3]

Typical evidence collection – checklist

• Date and time on images plus short descriptions for each photo.
• Protocol with signatures of both parties.
• Witnesses or witness statements, if available.
• Observe deadlines for defect notifications (report immediately, document deadlines).

Frequently Asked Questions

Who signs the handover protocol?

The protocol should be signed by both tenant and landlord or their representative to avoid later disputes.

Are photos alone sufficient as evidence?

Photos are strong evidence, best combined with a written protocol and the parties' signatures.

What if the landlord refuses the protocol?

Independently document condition and photos, send them by registered mail and keep witness statements; legal action may then be possible.

How-To

1. Create a room-by-room inventory and photograph each room thoroughly.
2. Highlight visible damage, take close-ups and note size and location.
3. Compile all details into a handover protocol and have it signed by both sides.
4. Keep copies, photo metadata and witness information for at least six months after moving out.

Key points

• Dated photos are often a more decisive proof than vague descriptions.
• Signatures from both parties prevent later disputes.

Help and Support

• Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
• Information on courts and jurisdictions – justiz.de
• Federal Ministry of Justice – bmj.de

1. [1] Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Information on courts, jurisdictions and forms — justiz.de