Move-in Defect Checklist for Tenants in Germany

Many tenants discover hidden defects or missing items during the handover when moving in. For a remote move it is especially important to document defects systematically, report them immediately and observe deadlines so claims are not lost. This guide for tenants in Germany explains in practical terms how to photograph damage, record date and time, write a written defect notice and protect the security deposit. It also describes which legal bases under the BGB apply^[1], when court actions under the ZPO become relevant^[2] and how the local court (Amtsgericht) is competent as the first instance in rental disputes.

Checklist: Defects at Move-in

Use this checklist directly when moving in or shortly afterwards if you are not on site. Each action helps secure evidence and assert your rights in Germany.

• Take photos and videos of every defect and name files with the date.
• Record the date and time of each photo and note the condition in a list.
• Send a written defect notice by email and by post; document receipt.
• Name witnesses or contact persons who can confirm the condition.
• Check the deposit and handover protocol and report discrepancies immediately.
• Prioritize urgent repairs and set necessary deadlines.
• Collect all communication, invoices and receipts and store them safely.

If the landlord does not respond, set a clear deadline in your defect notice and announce possible further steps. For a remote move it is advisable to appoint a local contact person or instruct an authorized representative.

Frequently Asked Questions

What should be included in a defect notice?

A defect notice should include a description of the defect, date, photo references, a request for remedy and a deadline.

Which deadlines are important?

Set a reasonable deadline for remedy (e.g. 14 days) and document the start and expiry of the deadline.

Can I reduce the rent if the landlord does not respond?

Under certain conditions a rent reduction is possible; check the legal basis in the BGB and document the defectiveness carefully.

How-To

1. Take photos and videos: label each file with date and a short description.
2. Write a written defect notice: include problem, deadline (e.g. 14 days), and requested remedy.
3. Document deadlines: secure proof of sending and any confirmation of receipt.
4. Collect repair attempts and cost estimates; only fix in emergencies after legal review.
5. If there is no response: check the competent local court and prepare documents for possible legal action.

Key Takeaways

• Secure evidence and keep it in chronological order.
• Observe deadlines and document their expiry.
• Submit written notices and prove delivery.

Help and Support / Resources

• BGB §535 ff. – Gesetze im Internet
• Information on courts and competence – Justizportal
• Federal Court of Justice – selected decisions

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–536 – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Justizportal des Bundes und der Länder – Information on courts