Photo Check: Tenant Documentation in Germany
As a tenant in Germany, thorough photo and video documentation at move-in, during the tenancy and at move-out is often the decisive evidence when it comes to defects, deposit disputes or claims. This guide explains in plain steps which pictures and videos you should take, how to ensure date and location proof and how to use photos securely in a dispute. You will receive concrete action steps, notes on deadlines, forms and the jurisdiction of local courts, as well as examples of how to supplement an inventory protocol. I also explain which official forms and court levels are relevant and refer to the applicable laws such as the BGB.
Why documentation matters
Good documentation protects you as a tenant in disputes about damages, cosmetic repairs or the return of the deposit. Photos and videos deliver objective evidence that can prove timing, extent and cause of defects; this can be decisive when landlords assert claims or tenants claim rent reduction.
What and how to photograph
- Photos (photo) of the condition at move-in: doors, floors, walls, windows, meter readings.
- Short videos (video) as a walkthrough to show the location and extent of defects.
- Receipts for repairs (repair): invoices, tradesmen reports and dates.
- Important documents (form/document): tenancy agreement, handover protocol, correspondence with the landlord.
Date, timestamps and metadata
Save images in original quality and ensure that date and time are correct. Name files consistently (e.g. "YYYYMMDD_room_photo1.jpg") and note in the protocol who took the photos and when. Screenshots of photo metadata or saving videos with visible timestamps can help courts reconstruct the chronology.
Forms and courts
For many disputes, tenancy law in the BGB [1] applies and for actions the ZPO [2]. Rental disputes are usually heard at the competent local court (Amtsgericht); higher instances are the Landgericht and the Federal Court of Justice (BGH) [3]. Relevant forms are often not uniform nationwide, but typical documents and formalities include:
- Termination letter (e.g. timely tenant termination) – practical templates and guidance on justice portal or ministry pages.
- Complaint (e.g. eviction claim) – statement of claim according to ZPO requirements; example: if a landlord demands eviction despite proper notice, they file a complaint at the local court.
- Handover protocol supplement – attach photos, record meter readings and have both parties sign to document claims.
FAQ
- Do photos count as evidence in court?
- Yes, photos and videos are admissible as evidence; authenticity, date information and a comprehensible sequence are important.
- How long should I keep evidence?
- Keep documents and photos at least until all tenancy claims are resolved; for deposit disputes, three years is a useful guideline.
- What if the landlord questions the photos?
- Supplement your documentation with witnesses, invoices, handover protocols and, if necessary, expert reports; a precise chronology helps the court.
How-To
- Take photos and videos (photo/video): immediately at move-in, when discovering a defect and at move-out.
- Name files and add timestamps (within 24 hours): format YYYYMMDD, short description, create backups.
- Supplement the handover protocol (form): attach photos, note meter readings, have both parties sign.
- Bring disputes to the local court (court): prepare claim or legal brief according to ZPO and attach evidence.
Key Takeaways
- Document condition and damage immediately and systematically.
- Keep contracts, protocols and invoices organized.
- Observe deadlines and act promptly when reporting defects.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
- Zivilprozessordnung (ZPO) — gesetze-im-internet.de
- Bundesgerichtshof (BGH) — bundesgerichtshof.de
