Move-in Defect List: Evidence for Tenants in Germany

As a tenant in Germany, it is important to document defects immediately and in a way that preserves evidence during the handover of the apartment. A complete defect list with photos protects your deposit, makes later evidence collection in disputes with the landlord easier, and creates clarity for handover protocols. This guide explains in clear language which photos and documents are important, how to meet deadlines, how to draft a template letter to the landlord and which local courts and legal foundations you should know. Follow the concrete steps so you can protect your rights and avoid later disputes. Practical examples and templates help you act immediately after moving in to Germany. At the end you will find FAQs, a step-by-step guide and official links to legal texts.

What belongs in a defect list?

At the handover, note all visible defects, damages and missing equipment. Take photographs from several angles, date the photos and add short descriptions. Specify the location in the room and the suspected cause, if known.

• Take photos of damages from multiple perspectives and note the date on each.
• Fill out a handover protocol immediately and keep deadlines for repairs in view.
• Send a written defect notice to the landlord; use a template letter.
• Document immediate measures to prevent further damage.
• Keep copies of all messages, invoices and receipts.

Legal basics

Landlord obligations and tenant rights are regulated in the German Civil Code (BGB), in particular §§ 535–580a.^[1] In disputes, the local court (Amtsgericht) is usually responsible; higher instances are the regional court and the Federal Court of Justice (BGH).^[3]

If deadlines are missed, court proceedings may become necessary; lawsuits follow the rules of the Code of Civil Procedure (ZPO), for example for filing complaints and eviction suits.^[2]

Template letters and wording

A short template letter should include date, address, precise description of defects, photo references and a reasonable deadline for remediation. Send the letter by registered mail or by email with read receipt.

• Address, date, precise description of the defect.
• Mention a deadline for remedy, e.g. 14 days.
• Mention and attach photos as annexes.

How-To

1. Take photos: Note the date and location for each photo in your notes.
2. Write the defect list: Room, damage, severity and photo reference.
3. Inform the landlord: Send the template letter by registered mail or email with read receipt.
4. Secure documents: Keep copies of shipping receipts and invoices.

FAQ

What must a defect list contain?

Room designation, precise description of the defect, date, photo reference and, if possible, an assessment of urgency.

How do I send the defect list to be legally effective?

Preferably by registered mail or by email with read receipt; also create and keep a handover protocol.

Which deadlines apply for reporting defects?

Defects should be reported immediately; for legal steps, refer to the provisions in the BGB and the ZPO.^[1]

Help and Support / Resources

• German Civil Code (BGB) §§ 535–580a
• Code of Civil Procedure (ZPO) – filing a complaint
• Federal Court of Justice (BGH) – tenancy law decisions

1. [1] Gesetze im Internet: BGB §§ 535–580a
2. [2] Gesetze im Internet: ZPO §253
3. [3] Bundesgerichtshof (BGH) – Startseite