Move-in Defect Checklist 2025 for Tenants in Germany
When moving in, the defect checklist is a top priority. As a tenant in Germany, you should systematically document damage, missing fixtures and wear so you can later assert claims such as rent reduction or damages. This guide explains step by step which information belongs in the move-in documentation, how to use photos and timestamps, and which deadlines you must observe. I name the relevant legal bases under the BGB[1] and the authorities responsible in disputes so that you know how to proceed in case of repair delays or disputed handover. The tips are practical, free of legal jargon, and help you protect your rights as a tenant in Germany.
How to create a defect checklist when moving in
A defect checklist should be complete, chronological and evidence-secure. Start with basic data (date, address, name of landlord/hand-over person) and work room by room. Use a combination of written protocol, photos with timestamps and, if possible, witness signatures.
- Photos with timestamps of each defect and viewing direction.
- Written description: location, type of defect, extent and date.
- Fill out a handover protocol and have it signed by both parties.
- Document key handover, meter readings and number of keys available.
- Report urgent defects (heating, water, electricity) immediately and set a deadline.
If possible, also record the presence of witnesses. A signed document increases probative value. Also note whether the landlord offered or refused repairs.
What tenants should pay special attention to
Focus on defects that affect habitability (heating failure, mold, water damage). Note cosmetic defects, but prioritize urgent ones. Set a reasonable deadline for the landlord to remedy and document every communication.
- Mark issues with heating, sanitary or electrical systems as urgent immediately.
- Set deadlines for repairs in writing and send by registered mail or email with read receipt.
- Collect receipts for additional costs incurred (e.g. heating replacement costs, hotel).
In the case of serious defects, a rent reduction may be possible. Justify the amount factually and with documentation; if necessary, have the defect assessed by an expert.
Document templates and official forms
There is no federal standardized form for a defect notice, but sample letters help in formulating the request. For legal action, the provisions of the ZPO must be observed[2]. For eviction claims or claims for declaratory relief, the courts provide forms at the court registry; check the justice portal of your federal state in advance.
FAQ
- When am I entitled to a rent reduction as a tenant?
- If the usability of the apartment is significantly impaired, you can reduce the rent; document cause, extent and duration of the defect carefully.
- How long do I have to report defects?
- Immediately: report visible defects to the landlord right away and set a deadline for remedy so you can later substantiate claims.
- Which court do I turn to for disputes over defects?
- The local court (Amtsgericht) is usually competent for first instance; higher instances are the regional court and the Federal Court of Justice for matters of fundamental legal importance[3].
How-To
- Survey room by room and record defects in writing.
- Take at least three photos of each defect from different angles.
- Create a handover protocol, have it signed and make copies.
- Inform the landlord, send defect description and deadline by email or registered mail.
- Wait for the deadline; if not remedied, announce a rent reduction with reasons.
- Consider legal steps and file a complaint at the local court; check forms of your federal state in advance[4].
Key takeaways
- Dokumentieren Sie Mängel vollständig und mit Zeitstempel.
- Senden Sie Mängelanzeigen schriftlich und bewahren Sie Kopien auf.
- Priorisieren Sie dringende Mängel wie Heizung und Wasser.
