Move-in Defect List 2025 – Tenant Rights in Germany

What is a move-in defect list?

A move-in defect list documents visible damages, missing fixtures and functional defects in the new apartment. For tenants in Germany it is an important piece of evidence if disputes later arise about damages, deposit or rent reduction. Legal duties of landlords and tenants rely on the provisions of the BGB.^[1]

What is the list for and what deadlines apply?

The defect list helps clarify later liability questions: who accepted or missed which damage at handover. Report obvious defects immediately in writing to the landlord; deadlines often depend on the concrete case and can be short for evidentiary purposes. For court proceedings, the civil procedure rules of the ZPO apply.^[2]

How do I create a defect list?

Work systematically: room by room, precise description, date and who was present. Use the handover protocol and keep copies.

• Take photos (photo) of damages from multiple angles
• Note date (calendar) and time of handover
• Function test: check heating, water, electricity (repair)
• Record meter readings and key handover (record)
• Report defects in writing and request confirmation of receipt (form)

Examples of forms and when they are needed

Relevant forms include a written handover protocol or a written defect report to the landlord. For eviction suits or formal complaints, courts use standardized documents; ZPO rules are decisive for this.^[2] A simple termination or defect notification should include date, property, concrete defects and your requested remedy.

If the landlord does not respond

If there is no response to a defect notification, continue documenting (photos, reminders, setting deadlines) and consider legal steps. For court matters, the local court (Amtsgericht) is often the first instance for tenancy disputes; higher instances are the regional court and the Federal Court of Justice for precedent decisions.^[3]

FAQ

When should I present a defect list at move-in?

Preferably immediately at the handover or in writing within a few days so later disputes can be clarified more easily.

What happens if I do not report defects?

Failure to report can make later claims for repair or rent reduction more difficult because evidence is lacking.

Which institutions help with disputes?

For civil disputes the local court (Amtsgericht) is competent; in higher instances the regional court and the Federal Court of Justice serve as legal authorities.

How-To

1. Go room by room and record all defects in writing (record)
2. Document photos and date and store them (photo)
3. Send a written defect notification to the landlord and request confirmation of receipt (form)
4. Set a deadline and consider legal consultation or proceedings if there is no response (contact)

Help and Support

• BGB §§ 535–580a: Rules on tenants and landlords
• Justice portal: information on courts and procedures
• Federal Court of Justice (BGH): decisions on tenancy law

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO) - rules for court proceedings
3. [3] Justice portal - information on courts and forms