Move-in Defect List in Germany for Tenants

When moving in on a weekend, many tenants in Germany face the challenge of creating a complete defect list and documenting damage for the landlord. This text explains in plain language how to proceed systematically during handover: photograph damage, record meter readings, request a handover protocol and observe deadlines. I explain relevant rights from tenancy law (BGB)^[1] and give practical steps to secure your claims, including sample documents and filing tips. The goal is to enable you to avoid disputes later and, if necessary, take legal action before the local court^[2]. The guide is hands-on and written for non-lawyers. Read the step-by-step checklist below and use the official legal reference when planning formal steps.

What to do immediately

If you move in on a weekend, time is often tight. Work in a structured, calm way so you do not miss evidence later.

• Photograph damage in every room and note date and time.
• Document meter readings (electricity, gas, water) and photograph meter numbers.
• Request a handover protocol: have all defects recorded in writing or fill out a protocol yourself.
• Notify the landlord of defects immediately and observe deadlines to preserve your rights.

Rights, Deadlines and Forms

The landlord is obliged under the BGB to hand over and maintain the rental in a condition suitable for the agreed use. For tenants this means: report defects, document them and observe deadlines. Typical documents relevant in practice:

• Termination letter (sample): used when a tenant formally ends the tenancy; practical example: include names, addresses, rental object, termination date and signature.
• Written defect notice: describe the defect, date of discovery and attach photos; set a deadline for remediation.
• Court filings (eviction/claim under the ZPO): only necessary if no agreement is reached; legal proceedings start with a complaint filed at the competent court.

Practical example: If you find significant mold, photograph the area, send a written defect notice by registered mail with a remediation deadline and request the landlord's confirmation.

How to keep a proper handover protocol

A good handover protocol helps with later disputes. Keep it systematic, room by room.

1. Room overview: note condition of floors, walls, windows and doors.
2. Check technical facilities: heating, hot water, sockets and lighting.
3. Record meter readings and note them on the protocol.
4. Signatures: have the landlord or handover representative sign; if absent, send the protocol by email and registered mail.

FAQ

Can I reduce the rent if I find defects when moving in?

Yes, under certain conditions rent reduction is possible: defects must be significant, you must inform the landlord and give them a deadline to remedy the defect.

What should a handover protocol include?

Date, parties involved, room-by-room description, meter readings, existing damages and signatures of all parties should be included in a meaningful protocol.

How quickly must I report defects?

Immediately after discovery; specific deadlines depend on the type of defect and the tenancy. Document date and time of the report.

How-To

1. Upon moving in, photograph all defects and make notes immediately.
2. Fill in the handover protocol and keep a copy in a safe place.
3. Send a written defect notice to the landlord and set a reasonable deadline for remediation.
4. If the landlord does not respond, consider legal steps and contact the local court.

Help & Support

• Information on the BGB at gesetze-im-internet.de
• Federal Court of Justice (BGH) – case law
• Federal Ministry of Justice – courts & procedures

1. [1] Bürgerliches Gesetzbuch (BGB) – full legal text
2. [2] Federal Court of Justice (BGH) – decisions and overview