Move-in Defect List: Tenant Rights in Germany

When moving into a new apartment, a careful defect list is an important tool for tenants in Germany. It helps avoid later disputes with the landlord and protects against unjustified claims. This guide explains what information belongs in a defect list, how to document defects, which deadlines must be observed and which official legal bases apply. I explain simple steps for creating and handing over the protocol, show sample formulations and name relevant courts and laws. If necessary, I also describe how to initiate a rent reduction or prepare legal steps. The information is tailored to German regulations and is intended to serve as a practical guide.

What belongs in the defect list?

A clear list helps secure rights and avoid misunderstandings.

• Date and time (time)
• Precise description of the defect (repair)
• Photos and videos as evidence (photo)
• Affected rooms and appliances (entry)
• Signature and handover protocol (form)

How to document defects correctly?

Good documentation makes the difference. Short, precise information and evidence reduce queries and strengthen your position.

• Photos with date and location (photo)
• Short caption with visible location (note)
• Immediate written notification to the landlord (notice)
• Check and document deadlines (deadline)

Deadlines and legal basis

Essential duties and rights of tenants and landlords are regulated in the German Civil Code (BGB), especially regarding defects and rent reduction.^[1] In court proceedings, the rules of the Code of Civil Procedure (ZPO) apply.^[2] For precedents, consult decisions of the Federal Court of Justice (BGH).^[3] Rental disputes are usually heard first at the competent local court (Amtsgericht).^[4]

Forms and templates

There is no uniform nationwide "defect notification" mandatory form, but courts provide forms for lawsuits and payment orders. Use a template letter or write briefly: date, defect, deadline for remedy and your request (repair or rent reduction). For payment orders and lawsuits, consult the justice pages and the local court.^[2]

FAQ

Do I have to create a defect list when moving in?

It is not legally mandatory, but strongly recommended to secure evidence and future claims. Include date, description, photos and a handover protocol.

Can I reduce the rent if defects are present?

For significant housing defects, rent reduction may be possible; the legal requirements are set out in §§ 535 et seq. BGB. Check the extent and duration of the defect and document precisely.

Who do I contact if the landlord does not respond?

Set a reasonable deadline in writing and announce legal steps if necessary; if there is still no response, the next step may be the local court.

How-To

1. Collect evidence: photos, videos and notes with date and place (photo).
2. Create the defect list including date, place, precise description and signature (form).
3. Send the notification to the landlord in writing and request confirmation (notice).
4. Set a clear deadline for remedy and document the deadline (deadline).
5. If necessary: collect documents and initiate a lawsuit or payment order at the competent local court (court).

Key Takeaways

• Documentation with date and photo is key to protection.
• A written notification to the landlord is required.
• Observe deadlines and act quickly in case of health risks.

Help and Support

• BGB - law text on gesetze-im-internet.de
• Federal Court of Justice (BGH) - decisions
• Information on local courts on justiz.de

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1. [1] German Civil Code (BGB) §§ 535–536
2. [2] Code of Civil Procedure (ZPO)
3. [3] Federal Court of Justice (BGH) - rulings and summaries
4. [4] Information on local courts and jurisdiction