Move-in Defect List for Tenants in Germany
As a tenant in Germany, a careful defect list when moving in is especially important, particularly on weekends when property managers are less reachable. This guide explains in plain language which defects you should document immediately, how to take photos and prepare handover protocols correctly, and which deadlines to observe. You will get practical steps, a checklist and references to relevant legal provisions to help avoid later disputes about damages or additional costs. I also explain how to draft written defect notices and which courts or authorities are responsible in case of a dispute.
Checklist at Move-in
- Take photos of all visible defects (photo).
- Document each defect with location and short description (document).
- Check heating, hot water and electricity (heating).
- Read and note meter readings (record).
- Count and check keys and locks (keys).
- Complete a handover protocol and have it signed by the landlord (form).
- Note deadlines for defect notifications and repair requests (deadline).
- Check receipts for deposit and payments (rent).
How to create the defect list
Start systematically: go through the property room by room, take photos and date the defects. Write short, clear descriptions and, if possible, include comparison photos of the general condition. Also note meter readings and the condition of windows, floors, sanitary facilities, and radiators. Send the protocol preferably by registered mail or email with read receipt.
Written defect notice
A simple written defect notice is usually sufficient: date, address, list of defects, photos as attachments and a request for repair within a reasonable deadline. There is no mandatory official form for a defect notice; use a clearly structured letter or the signed handover protocol as evidence. For court proceedings, apply the rules of the Code of Civil Procedure.[2] For the legal duties of landlord and tenant see the BGB.[1]
When to act
For safety-related defects (e.g. heating failure in winter, gas smell) inform the landlord and emergency services immediately. For less urgent damages set a reasonable deadline in the defect notice and document the communication. If the landlord does not respond, the case can be brought before the local court.[3]
FAQ
- Who bears the burden of proof for move-in defects?
- Generally the landlord should prove the condition at handover, so a detailed defect list with photos is important.
- Can I reduce the rent if the landlord does not repair?
- A rent reduction is possible if usability is significantly impaired; check the conditions and document the defect carefully.
- What if the handover protocol is missing?
- Without a protocol, proving your case is more difficult; try to provide timely defect notices and dated photos.
How-To
- Preparation: gather camera, smartphone, notebook and pens (photo).
- Documentation: take photos in every room and note details about location and type of damage (document).
- Protocol: fill out a handover protocol and have it signed (form).
- Deadline: send the defect notice to the landlord and set a reasonable deadline (deadline).
- Court action: if necessary, submit documents to the competent local court.
Key Takeaways
- Document thoroughly with dated photos and written notes.
- Send defect notices in writing and keep copies.
- Observe deadlines to preserve legal options.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – Law texts
- Code of Civil Procedure (ZPO) – Court procedures
- Federal Court of Justice (BGH) – Decisions
