Move-In Defect Checklist: Tenants in Germany
As a tenant in Germany, a careful defect checklist at move-in is especially important when you relocate from another city. It protects your deposit, documents damages and eases later communication with the landlord. This guide explains how to record defects photographically, set deadlines, use required forms and which court has jurisdiction in disputes. I show step by step how to write move-in damage reports, what evidence is useful and how to coordinate handover appointments during a long-distance move. At the end you will find references to official forms, relevant BGB paragraphs and practical templates for letters to the landlord.
What belongs on a defect checklist?
A defect checklist summarizes visible damages, missing equipment and technical faults. Note all details precisely and follow a clear structure so that later misunderstandings are avoided.
- Photos and videos: Photograph each defect from multiple angles and save date and file names.
- Record date and time: Note exactly when each recording was made.
- Meter readings and forms: Record gas, water and electricity meter readings and attach any forms or protocols.
- Describe repair needs: State clearly whether something is broken, loose or not operational.
- Witnesses and contacts: Name witnesses or contractors who attended the handover.
Keep copies of all photos and communication records.
Rights, deadlines and legal basis
The legal obligations of landlords and tenants are regulated in the Civil Code (BGB).[1] When you report defects, set a reasonable deadline for remedy and document the dispatch of the defect notice. In serious disputes the local district court (Amtsgericht) decides; procedural matters are governed by the Code of Civil Procedure (ZPO).[2] In higher instances, decisions of the Federal Court of Justice (BGH) may be relevant.[3]
- Set a deadline: Specify a clear deadline for remedy, e.g. 14 days if it is not an emergency repair.
- Written defect notice: Send the list by email and additionally by registered mail if necessary.
- Consider rent reduction: For significant impairments, a rent reduction may be considered; document scope and duration.
- Secure evidence: Keep photos, messages and witness statements organized.
Respond to legal or formal letters within the set deadlines.
FAQ
- How do I document defects at move-in?
- Photograph damages, note date and time, save meter readings and send a written defect notice to the landlord.
- Do I need to report damages immediately?
- Yes, report visible damages as soon as possible in writing and set a deadline for remediation to avoid later disputes.
- Where do I turn in an eviction or payment dispute?
- For legal disputes, the local district court (Amtsgericht) has jurisdiction; procedural rules are governed by the ZPO.
How-To
- Take complete photos and videos of each defect.
- Write a structured list with room, defect description, date and severity.
- Send the defect list in writing to the landlord and request confirmation.
- Set a reasonable deadline for remedy of the defects.
- If the landlord does not respond, prepare the documents for a possible lawsuit at the district court.
Help and Support / Resources
- [1] Civil Code (BGB) §§ 535–580a
- [2] Code of Civil Procedure (ZPO)
- [3] Federal Court of Justice (BGH) – Case law
