Move-in Defect List: Tenant Rights in Germany

When moving into a new apartment, tenants in Germany should immediately prepare a defect list to protect their rights in later claims or when undertaking a long-distance move. Note visible damages, missing equipment and malfunctions with date and photos. Send the list by registered mail or by e-mail with delivery confirmation to the property manager or landlord and request a written acknowledgment. Record deadlines for repairs in writing and document any subsequent repairs. If disputes arise, official forms and, if necessary, the local court are helpful. This guide explains steps, relevant laws and forms so that you as a tenant can enforce your claims in Germany practically and legally.

Creating the defect list correctly

A clear defect list protects you later in cases of rent reduction, compensation claims or repair demands. Write precisely where the defect is, which function is affected and since when the defect exists. Always add photo or video evidence and note meter readings if relevant.

• Date, time and clear photos or videos of the defects
• Describe the type of damage and the concrete repair needs
• Document meter readings, serial numbers and missing equipment
• Request a handover protocol or form from the landlord and ask for a signature

Forms and deadlines

Use templates for defect notices and deadline letters so that your claim is clear and formally effective. Specify a concrete deadline for remedy and announce a rent reduction or further steps if the defect is not fixed. Relevant legal foundations are found in the Civil Code (BGB).^[1]

Important forms and templates often used by tenants:

• Termination letter / template from the Federal Ministry of Justice (for contract termination if needed)^[2]
• Template for defect notice and deadline setting (own written formulation with date and deadline)
• Name a deadline for remedy in days (commonly 14 days, shorter depending on urgency)

Enforcement during a long-distance move

For a long-distance move it is especially important to act in writing early: send the defect list before moving out and request written acknowledgment. If the landlord does not respond, you can claim a rent reduction or, in serious cases, approach the local court. The local court is usually the first instance; the Civil Procedure Code applies to procedural rules.^[3]

FAQ

When should I hand over a defect list?

Create the defect list at the handover and submit it in writing to the landlord or property manager within a few days.

What evidence is important?

Photos, videos, witnesses, the handover protocol and emails with delivery confirmation are central.

Can I reduce the rent if defects are not fixed?

Yes, under certain conditions a rent reduction is possible; document the extent and duration of the defect carefully.

How-To

1. Document defects with date, photos and brief descriptions.
2. Send the defect list in writing by registered mail or e-mail with delivery confirmation to the landlord.
3. Set a clear deadline for remedy (e.g. 14 days) and announce possible rent reduction.
4. If the landlord does not react, consider court action or seeking protection at the local court.

Help and Support / Resources

• Civil Code (BGB) - gesetze-im-internet.de
• Justice Portal - courts and procedures
• Federal Ministry of Justice - information and forms

1. [1] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
2. [2] Muster Kündigungsschreiben - Bundesministerium der Justiz (bmj.de)
3. [3] Justice Portal - information on courts (justiz.de)