Move-in Defects: Evidence for Tenants in Germany

As a tenant in Germany you should document defects at move-in immediately. A precise defect list with photos protects against later disputes over damage, the deposit, or follow-up claims. For flatshares (WGs) teamwork is practical: a shared photo check, clearly named rooms and written signatures by all flatmates increase evidentiary value. This template explains which details matter, how to label photos sensibly, which deadlines and forms to observe, and how to involve the local court if disputes arise.^[2] Note the date and time, keep emails and key records, and send the list preferably by registered mail or as an email with read receipt.

Creating the defect list correctly

A complete handover or defect list should name all visible damages and malfunctions. Refer to your rights under the BGB (e.g. landlord duties and rent reduction) and record meter readings as well as non-functioning facilities.^[1]

What belongs in the list

• Photos with date and time and a short description of the defect.
• Clear room indication (e.g. "kitchen, left wall next to window").
• Function check of heating, water and electricity; note what does not work.
• Photograph and note meter readings (electricity, gas, water).
• Document key handover and record the number of keys handed over.
• Place, date and signatures of all present persons on the protocol.

Photos: Checklist for shared flats (WGs)

1. Wide-angle shot of the room for orientation.
2. Close-up photos of damage with a scale (e.g. ruler) and a clearly readable date.
3. Short note for each photo with room name, date and initials of the person who took it.
4. Send the defect list in writing to the landlord and request a confirmation of receipt or reply.
5. Report serious defects promptly to meet deadlines and preserve rights like rent reduction.

FAQ

What is a handover protocol?

A written document recording condition, meter readings, key handover and visible defects at move-in; important as evidence.

What if the landlord does not acknowledge the defects?

Send the list by registered mail or email with read receipt, gather further evidence and consider rent reduction or legal clarification at the local court.^[2]

By when must I report defects?

Material defects should be reported without delay after discovery; at move-in immediate documentation is recommended to avoid later disputes.^[1]

How-To

1. Systematically go through each room, starting with shared areas.
2. Take overview and detail shots, including a scale and date stamp.
3. Label each photo with a short description, room name, date and initials.
4. Create a written handover protocol and have all present sign it.
5. Send the list to the landlord and keep copies and original photos.
6. If needed, seek legal advice or inform the competent local court about next steps.^[3]

Key takeaways

• Photos with dates and clear descriptions are often the best evidence.
• A signed handover protocol reduces disputes at move-out.
• Acting early protects your deposit claims and tenant rights.

Help and Support / Resources

• Bfcrgerliches Gesetzbuch (BGB), a7a7 535e28093a0580a
• Zivilprozessordnung (ZPO)
• Amtsgerichte - Justizportal des Bundes und der Le4nder

1. [1] Bürgerliches Gesetzbuch (BGB), §§ 535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Amtsgerichte - Justizportal des Bundes und der Länder