Photo and Video Evidence for Tenants in Germany

As a tenant in Germany it is important to carefully document the condition and any damage to your apartment at move-in and move-out. Photos and videos are often decisive evidence in rental disputes, rent reductions or when reclaiming a deposit. This guide explains clearly which items and details you should capture, how to document timestamps and size comparisons, and how to securely store files. It also outlines which official legal bases and courts are responsible and which forms can be helpful. The advice is practical and applies to everyday cases in Germany; it does not replace individual legal advice but helps you enforce your tenant rights more effectively.

Why documentation matters

Photos and videos provide objective evidence that can help with rent reductions, deposit disputes or compensation claims. Note time, place and cause where known. Legal foundations regulate duties and claims.^[1]

What, how and when to photograph

Focus on complete and verifiable recordings; document condition, defects and meter readings, and keep records of correspondence.

• Overall shots of the room from several angles.
• Close-ups of defects with a size reference (e.g. tape measure or coin).
• Photos of meter readings (electricity, water, heating) at move-in and move-out.
• Short videos as a walk-through to show location and extent.
• Scans or photos of reports, emails and defect notifications to the landlord.

Practical tips for preserving evidence

Secure original files unchanged and make several copies in different locations.

• Store original files on your smartphone and copy them to an external hard drive.
• Upload backup copies to an encrypted cloud to avoid loss.
• Log location, date and time of the recording in an accompanying text file.
• If possible, have important damages confirmed by witnesses and record their contact details.

Legal foundations

German tenancy law in the BGB regulates the duties of landlords and tenants, such as maintenance and defect remediation; relevant provisions can be found in §§ 535–580a BGB.^[1] For court procedures such as filing a suit, the Code of Civil Procedure (ZPO) is decisive; there are formal and deadline rules for litigation filings.^[2] Rental disputes are typically heard at the local court (Amtsgericht); the Federal Court of Justice decides on precedent questions.^[3]

FAQ

Do I need photo evidence at the handover?

Yes, photos and videos document the condition objectively and help prevent later disputes about damages or cleaning costs.

How long should I keep photos and videos?

Keep recordings at least until the deposit is returned and for the usual limitation period for claims (generally three years).

How-To

1. At move-in, take overall photos of each room and detailed shots of visible defects.
2. Photograph metre readings and save the files unchanged.
3. Create a handover protocol with date, time and signatures, if possible with witnesses.
4. In case of dispute: review BGB and ZPO provisions and, if necessary, file a claim at the local court.^[2]

Help and Support / Resources

• Gesetze im Internet – Official legal texts (gesetze-im-internet.de)
• Federal Ministry of Justice and Consumer Protection (bmjv.de)
• Federal Court of Justice – Case law information (bundesgerichtshof.de)

1. [1] § 535 BGB – Civil Code (landlord duties)
2. [2] § 253 ZPO – Claim and statement of claim
3. [3] Federal Court of Justice – Information and case law