Move-in Defect List: Photo Check for Tenants in Germany

When moving into a new flat in Germany, tenants should create a defect list and photograph every damage. This checklist helps collect clear evidence for the handover condition, missing equipment or existing damages, meet deadlines and avoid unnecessary subsequent claims. Photographs with date, short descriptions and signed handover records protect both tenants and landlords. In this article I explain simple steps, which forms and evidence are useful, how to report defects correctly and which deadlines apply before courts such as the local court. The aim is that tenants in Germany know their rights and can present evidence securely if necessary. Read on for sample texts and official links so you are prepared.

Move-in Checklist

• Take photos (photo) of every visible defect from multiple angles.
• Note date, time and exact location; secure digital images with timestamps.
• Photograph meter readings (electricity, water, gas) and write them down.
• Report defects in writing (registered mail) to the landlord and request confirmation of receipt.
• Complete the handover protocol and, if possible, have the landlord sign it.
• Observe deadlines (deadline): report immediately and document promptly.

Documentation and Legal Basis

Documentation is crucial: pictures, date/time, witness statements and written reports form a chain of evidence. The duties of landlords and tenants are regulated in the Civil Code ^[1]. If a dispute arises, the rules of civil procedure apply for lawsuits and evidence collection ^[2]. Tenancy disputes are usually heard in the first instance at the local court; important precedents are decided by the Federal Court of Justice ^[4][3].

Forms and Templates (for Tenants)

There are no nationwide mandatory forms for every situation, but common templates are useful:

• Termination letter (model of the Federal Ministry of Justice) – use when you want to end the tenancy; example: include clear date, addresses and signature.
• Defect report / complaint – a written list of defects with photos and a deadline for remediation.
• Filing a lawsuit (under the Code of Civil Procedure) – if the landlord does not respond, a claim can be filed at the competent local court.

Practical Steps After Discovering a Defect

• Immediately take photos (photo) and create a short written defect list.
• Send a report to the landlord by registered mail or by email with read receipt.
• Set a deadline (deadline) for remedial work; mention the deadline in the defect notice if appropriate.
• For urgent hazards (e.g. heating failure in winter) call immediately and also document in writing.

Frequently Asked Questions

What belongs in a defect list?

Date, precise description of the defect, photos with timestamp, meter readings, signatures and witness statements.

How long do I have to report defects?

Defects should be reported without delay; specific deadlines depend on the case, so document the report immediately.

Can I reduce the rent?

Yes, in case of significant impairments rent can be reduced; the legal basis is in the Civil Code.

How-To

1. Take photos (photo) and short descriptions of all damages.
2. Report defects in writing and set a deadline.
3. Collect copies of all messages and confirmations of receipt.
4. Seek legal advice if necessary and organize your evidence.
5. If needed, file a claim at the competent local court.

Help and Support / Resources

• Gesetze im Internet – BGB (Civil Code)
• Gesetze im Internet – ZPO (Code of Civil Procedure)
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet – BGB (§§ 535–580a)
2. [2] Gesetze im Internet – ZPO
3. [3] Bundesgerichtshof – Decisions
4. [4] Justice Portal – Local Courts and Jurisdiction