Photo Documentation for Tenants in Germany
As a tenant in Germany, careful photo documentation is often the decisive evidence in move-ins, defects or disputes with the landlord. This guide explains in plain language which images you should take, how to record time and condition securely and how to store files so photos are accepted in court. We show practical steps, examples for file names, handling damaged areas and how photos combined with handover protocols and witnesses strengthen the evidence. The tips apply to move-in, ongoing repair claims and move-out and point to relevant legal bases in Germany so you can enforce your rights appropriately. We also explain how to add timestamps, metadata and accompanying notes to photos and how to increase evidential value through complete preservation.
Why photo documentation matters
As a tenant, you should know that the landlord has maintenance and handover obligations under the Civil Code (BGB), for example under §535 BGB; well-documented photos help substantiate defect claims and meet deadlines.[1]
Detailed documentation increases your chances of success in disputes.
How to create legally secure photos
- Take photos of damages from multiple angles, including overall views and close-ups.
- Record date and time in the photo or as an accompanying note; if possible preserve metadata and do not overwrite it.
- Photograph scales or references (e.g. a ruler or a piece of furniture) so size and extent are clear.
- Use clear file names (e.g. "2025-06-01_kitchen-stain-1.jpg") and store versions chronologically.
- Keep original files unchanged and create backups in at least two locations (local and cloud).
Respond within legal deadlines to avoid losing claims.
Technical tips
- Choose high resolution; use flash only when necessary to avoid loss of detail.
- Do not remove metadata (EXIF); screenshots or exported images with visible dates can be supplementary.
- Keep notes for each photo: location, circumstances, who was present, and name any witnesses.
Documentation at handover
For move-in and move-out, a joint handover protocol with photos as an appendix is recommended. Photograph all rooms systematically: floors, walls, windows, sanitary areas and any pre-existing damage. Present the protocol to the landlord and keep a signed copy. If there is disagreement, photos together with the protocol can serve as evidence; court proceedings follow the ZPO when resolution in court is necessary.[2]
FAQ
- Do I need photos for every handover?
- Yes. Photos support handover protocols and help prevent or clarify later disputes about the condition of the apartment.
- How long should I keep photos?
- Keep photo archives at least as long as possible claims may arise; in rental disputes keeping them for several years is advisable.
- Are edited images admissible in court?
- Edited images may lose credibility; always keep the original files and document when you edit or crop copies.
How-To
- Prepare: gather phone or camera, ruler, notepad and clock; set a consistent file naming scheme.
- Photograph systematically: room by room, overall shots first, then detail shots of damages and defects.
- Secure metadata and notes: document date, time, location and short descriptions; keep originals and backups.
- Complete the protocol: attach photos to the handover protocol and keep a signed copy.
- If there is a dispute: organise evidence, respect deadlines and contact the local court (Amtsgericht) if necessary; court procedures follow the ZPO.[2]
