Move-in Defect List in Germany for Tenants
When moving long-distance, a carefully prepared move-in defect list is often decisive for tenants in Germany. It protects against later claims by the landlord, secures evidence of pre-existing damage and makes later rent reductions or defense against claims easier. This guide explains in clear steps which points belong in a defect list, how to keep photos and documentation, which deadlines apply under tenancy law and which official forms or courts are responsible. The language remains understandable; practical examples show how to proceed and which documents to keep. At the end you will find concrete action steps for the handover, notes on the responsible local courts and links to official forms.
What belongs in the defect list?
A complete defect list documents the condition at handover. Record everything precisely and numbered so it is clear later what already existed on move-in.
- Date and time of the handover
- Damage to walls, floors, doors and fixtures
- Sanitary facilities, faucets and drains checked for defects
- Check windows and heating for function and damage
- Record meter readings (electricity, gas, water)
- Note number of keys and lock condition
Documentation & Evidence
Photos, short videos and written descriptions are the main evidence. Save original files, send copies to the landlord by email and record time and device data.
- Take photos from several angles and give files names with the date
- Record short videos (e.g. heating test) and note duration and time
- Name witnesses or have a trusted person present
- Send the handover protocol to the landlord by email and obtain confirmation of receipt
Forms and Deadlines
Relevant legal foundations can be found in the German Civil Code; deadlines for defect notices and legal steps are regulated there[1]. Procedural questions for lawsuits are governed by the Code of Civil Procedure[2].
- Use the "termination letter template of the Federal Ministry of Justice" or formal letters when deadlines must be set[3]
- Send defect notifications promptly and set a reasonable deadline for remedy
- In ongoing disputes the local court (Amtsgericht) may be responsible; check local jurisdiction in advance
Handover for Long-Distance Moves
A long-distance move requires extra preparation: arrange a video inspection, appoint an authorized person or use a detailed written protocol.
- Schedule a video handover and document the start time
- Keep a live protocol during the video call and save the recording if possible
- Name an authorized person on site and note their contact details
- Have the handover protocol signed or returned digitally signed
FAQ
- What happens if I do not report defects immediately?
- If a defect is not reported promptly, it can make enforcement of claims more difficult. Report defects in writing and set a deadline for remedy.
- How long do I have to report defects after moving in?
- There is no uniform deadline for all defects; report obvious damage as soon as possible. For hidden defects: report upon discovery and secure evidence. Legal regulations are found in the Civil Code[1].
- Can I reduce the rent?
- For significant impairments of the living quality, a rent reduction may be considered. Check the requirements under §§ 535 ff. BGB and, if necessary, seek legal advice.
How-To
- Prepare: Have checklist, camera and template letters ready
- Document: Photograph all defects, make videos and save descriptions
- Send: Email the defect list to the landlord and set a deadline for remedy
- If necessary: Collect documents and consider filing at the competent local court
Help and Support
- [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- [3] Federal Ministry of Justice – Templates and information
- [4] Federal Court of Justice (BGH) – Case law
