Move-in Defect Checklist for Tenants in Germany

When moving in, a complete defect list is very important for tenants. In Germany, careful documentation protects your rights in the tenancy: note visible defects, missing equipment and malfunctions in the tenancy agreement or in a handover protocol. Photograph each defect with date and location, record meter readings in the protocol and check heating and sanitary systems. Deliver the list to the landlord in writing and keep copies. If deadlines pass or the landlord does not respond, evidence and records can be decisive for rent reduction or court cases. This article explains step by step which items belong on the defect list and how to use official forms and deadlines in Germany.

What belongs in the defect list?

• Photos with date and detailed description of defects
• Detailed notes on repair needs for heating, sanitary systems and windows
• Record meter readings and inventory lists
• Sign a handover protocol and keep a copy

Practical steps when moving in

1. Take photos of every defect (photo) and note the date
2. Report defects to the landlord in writing (notice) and ask for confirmation
3. Set deadlines and document the timing (deadline)
4. Consider rent reduction for persistent defects and calculate claims (rent)

Rights, deadlines and official forms

Your rights as a tenant arise from the German Civil Code (BGB)^[1]. Procedural questions about lawsuits and evictions are governed by the Code of Civil Procedure (ZPO)^[2], and rental disputes are usually handled by the local court (Amtsgericht) or higher courts such as the regional court or the Federal Court of Justice (BGH)^[3]. Important official forms include the landlord confirmation under the Federal Registration Act (BMG)^[4] and handover protocol templates available from local authorities. Use forms only from official sources and submit correspondence in a provable way.

FAQ

Who prepares the defect list?

The tenant should ideally prepare the defect list at handover and have the landlord sign it; keep a copy as proof.

What if the landlord does not respond?

Send a formal defect notice, set a reasonable deadline for remedy and document the delivery. If the landlord does not respond, consider rent reduction or filing a claim at the local court (see BGB^[1] and ZPO^[2]).

What deadline do I have to report defects?

Defects should be reported as soon as possible, preferably within a few days after moving in; exact deadlines depend on the specific case and circumstances.

How-To

1. Collect photos and dates (photo)
2. Describe defects and record meter readings (document)
3. Report defects in writing and send the protocol to the landlord (notice)
4. Set a deadline and proof of receipt (deadline)
5. If necessary, consider filing a claim at the local court (court)

Help and Support

• [1] German Civil Code (BGB) §§535–580a — gesetze-im-internet.de
• [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
• [3] Federal Court of Justice (BGH) — bundesgerichtshof.de
• [4] Federal Registration Act (BMG) — gesetze-im-internet.de

1. [1] German Civil Code (BGB) §§535–580a — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) — bundesgerichtshof.de
4. [4] Federal Registration Act (BMG) — gesetze-im-internet.de