Move-in Defect List: Tenant Tips for Germany

As a tenant in Germany you should carefully check the defect list when moving in, ideally on a quiet weekend. Note obvious damages, test heating and water, and create a dated photo record. Request a written confirmation from the landlord if necessary and record any missing or defective fixtures in the handover protocol. These steps help avoid later disputes over the deposit, repairs, or operating costs. If needed, use official forms and know which local court you can turn to. This article provides practical tips, legally relevant notes and a step-by-step checklist for a trouble-free move-in. We explain deadlines, forms of evidence and how to report defects within deadlines.

What to check when moving in?

Go through each room systematically and note every defect. Photograph damages with dates and create a handover protocol that should be signed by the landlord.

• Test heating and hot water
• Check sanitary facilities for leaks
• Photograph damages and secure timestamps
• Complete the handover protocol and have it signed
• Record meter readings
• Note deadlines for reporting defects
• Confirm key handover

Rights and obligations of the parties

Landlords are obliged under the BGB to hand over the rental property in a condition suitable for contractual use and to remedy defects.^[1] As a tenant you must report defects without delay and give the landlord the opportunity to repair them. Note the date and content of the report and, if necessary, send a written defect notice.

• Report defects in writing
• Set a deadline for repair and document it
• Check repair costs and possible rent reduction

In escalating disputes, local courts (Amtsgerichte) are generally competent; tenancy cases such as eviction suits or claims for rent reduction are typically handled there.^[2]

Practical forms and templates

For terminations and formal letters there are helpful templates and guidance from the Federal Ministry of Justice; use these templates for formally correct letters, for example when filing a written defect notice or a termination.^[3]

FAQ

What counts as a defect when moving in?

Defects are impairments that reduce the contractual use of the apartment, such as missing heating, moisture, and defective sanitary facilities.

How do I document defects correctly?

Photograph damages with dates, record meter readings, create a handover protocol and, if necessary, send a written defect notice by registered mail.

What deadlines apply for reporting defects?

Defects must be reported without delay after discovery; set a reasonable deadline for the landlord to remedy them and document this deadline in writing.

How-To

1. Choose a quiet weekend for the apartment inspection
2. Photograph each defect from multiple angles
3. Fill out the handover protocol and have it signed
4. Set repair deadlines and document communication
5. Use official templates for defect notices or termination if needed
6. In case of dispute: contact the competent local court

Key Takeaways

• Documentation with photos and protocols protects your deposit.
• Observe deadlines and communicate in writing.
• Use official forms and keep records.

Help and Support / Resources

• Civil Code (BGB) – gesetze-im-internet.de
• Federal Ministry of Justice (BMJ) – forms and templates
• Federal Court of Justice (BGH) – decisions

1. [1] Civil Code (BGB) §535 ff. – gesetze-im-internet.de
2. [2] Local court jurisdiction – justiz.de
3. [3] Templates and guidance from BMJ – bmj.de