Photos & Videos 2025: Tenant Rights in Germany

Many tenants face the question of how to legally document photos and videos in the flat when defects, landlord entry, or neighbor disputes occur. This text clearly explains the rights and duties tenants have in Germany in 2025, how to log evidence and protect privacy. We describe which forms and deadlines are important, how photos and videos are stored in compliance with data protection, and when a local court (Amtsgericht) is competent. Practical examples show how to date photos, name witnesses and create handover protocols so you can act legally secure in cases of rent reduction or eviction.

What applies when photographing & filming?

Tenants have the right to document damages and assert their claims under the BGB. Important provisions on landlord duties are found in §§ 535–580a BGB.^[1] If a legal dispute arises, the Civil Procedure Code (ZPO) regulates court proceedings; many rental disputes are heard at the local court (Amtsgericht).^[2] When recording and storing images, you must also observe data protection requirements, especially for video recordings that may contain personal data.^[3]

• Capture photos and videos of the damage with date and location.
• Take wide and close shots to show context and detail.
• Note date/time (or keep it in the file metadata) and check deadlines.
• Record who had access: names of persons and key handovers.
• Describe repair needs and collect cost receipts.

Evidence preservation: how to properly log photos and videos

Photographs and videos are strong evidence when they are documented in a traceable way. Always note location, date, time and how the image was created (e.g. phone photo, camera). Use simple handover protocols for key or defect handovers and store copies in at least two places (for example cloud and external storage).

• Handover protocol: short description, date, signatures if possible.
• Name witnesses: name and contact for later confirmation.
• Collect quotes and invoices.
• Save screenshots of messages or appointments as supporting documents.

FAQ

Can I, as a tenant, take photos or videos inside the flat without the landlord's consent?

Yes, you may take recordings to secure evidence of defects or damage, provided you do not infringe the personal rights of third parties. Special caution is required when recordings show other people.^[3]

When may the landlord enter the flat and make recordings?

The landlord generally needs the tenant's consent to enter; exceptions apply in cases of acute danger or agreed appointments. In disputes the local court can decide.^[2]

Which forms or documents are important if I use recordings as evidence?

Important items are a dated handover protocol, written defect notifications and collected invoices. If you file a claim, submit documents in accordance with the ZPO and check deadlines and formal requirements.

How-To

1. Take photos and videos: make both contextual and detailed shots (wide and close).
2. Timestamp: record date and time in the protocol or filename.
3. Witnesses & handover: name witnesses and have handover protocols signed if possible.
4. Backup: save files redundantly (e.g. cloud and external drive) and keep originals.
5. Legal steps: if necessary, file documents at the competent local court or seek legal advice.

Help and Support

• Gesetze im Internet (BGB and ZPO)
• Federal Ministry of Justice and Consumer Protection (BMJ)
• Federal Commissioner for Data Protection and Freedom of Information (BfDI)

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a, Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO), Gesetze im Internet
3. [3] Federal Commissioner for Data Protection and Freedom of Information (BfDI)