Photos & Videos as Evidence for Tenants in Germany

Photos and video recordings can be decisive for tenants in Germany when it comes to damage, defects or disputes with the landlord. This guide explains in simple language when recordings count as evidence, which data protection and entry rules you must observe, and how to collect documentation safely. You will receive practical tips on data security, advice on communicating with the landlord and concrete steps to consider before court proceedings or a rent reduction. The aim is that you as a tenant can make an informed decision about when and how photos or videos are useful without unnecessarily violating the rights of third parties or missing deadlines.

What is allowed for photo and video recordings?

As a tenant, you are generally allowed to take photos and videos in your own apartment to document damage and defects. Recordings in private areas of third parties or hidden cameras are not permitted. For evidentiary purposes, quality, date specification and contextual documentation (location, participants, circumstances) matter.

• Take photos and short videos to document damage (e.g., water stains, mold).
• Keep timestamps, short descriptions and separate copies to increase evidentiary value.
• Do not record neighbors or landlords without their consent in non-public areas.

Rights, data protection and entry

The landlord only has certain entry rights; unannounced and secret recordings by third parties are not permitted. Pay attention to data protection rules for recordings of identifiable persons and inform those affected when possible. Legal provisions of tenancy law are relevant in legal steps^[1], as are civil procedure rules for lawsuits^[2].

• The landlord usually needs a legitimate reason and prior notice for apartment inspections.
• Personal recordings should be deleted or pixelated if consents are missing.
• If in doubt, contact the competent authority or the local court for clarification.

Document evidence securely

Structured documentation increases the likelihood that photos and videos are accepted as evidence in disputes. Note date, time and circumstances, store original files and avoid post-editing without clear labelling.

• Store original files unchanged and create copies with descriptions if needed.
• Document date and time; if possible, take multiple perspectives.
• Keep supporting documents such as the lease, letters and witness statements.

How-To

1. Take clear photos/videos of the defect from multiple angles.
2. Record date, time and a short description immediately after the recording.
3. Inform the landlord in writing, attach copies of the recordings and request confirmation.
4. If the landlord does not respond, check deadlines for rent reduction or legal action at the local court^[2].

Frequently Asked Questions

Can I make secret recordings if the landlord claims everything is fine?

Secret recordings of persons are legally problematic and usually not permitted; instead, document visible defects openly and inform in writing.

How do I use photos and videos in court?

As a supplement to written evidence, witnesses and expert opinions; original files and continuous documentation increase evidentiary value.^[1]

Who handles an eviction suit?

Eviction suits are generally handled by the local court; appeals go to the regional court and possibly the Federal Court of Justice.^[3]

Help and Support / Resources

• Gesetze im Internet (BGB)
• Bundesgerichtshof (BGH)
• Bundesministerium der Justiz (BMJ)

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de