Photos & Videos as Evidence for Tenants in Germany

As a tenant in Germany, photos and videos taken during your absence can be crucial to prove damage, unauthorized entry or missing repairs. This guide explains in plain language which recordings are legally permissible, how to respect privacy and data protection, and which deadlines and formalities matter in disputes. You will receive practical steps for secure storage, timestamping and file naming, as well as examples of how to use photos as evidence in court. The goal is a clear checklist for tenants without legal background so you can assert your rights in rental disputes in Germany confidently and correctly. At the end you will find a quick action guide and links to official legal texts.

Rights and limits for photo and video recordings

Tenants have a legitimate interest in documenting damage and defects. At the same time, the law protects personality rights and data protection. The decisive factors are purpose, scope and the admissibility of recordings in later legal proceedings according to general civil law and rules on evidence.^[1]

What to document

• Photos of damage to walls, floors, doors (close-ups and overall views).
• Short videos of unauthorized entry or ongoing disturbances (with visible date).
• File names with date and a short description (e.g. "2025-07-01-bath-mould-1.jpg").
• Record date/time, location and involved persons and collect witness contact details.
• Keep copies of emails, repair orders and invoices.

Legal limits: data protection and personality rights

Recording third parties without consent can infringe personality rights. Avoid filming or photographing identifiable people. For photos taken inside your rented flat (e.g. damage) the boundary is usually respected as long as neighbors or visitors are not clearly recognizable. In special cases, a court must balance interests.^[3]

When recordings help in court

• If you report defects or claim rent reduction, photos serve as supporting evidence.
• In eviction or damages proceedings, the chronology of recordings can be decisive.
• Ensure metadata (timestamps) are preserved or corroborated by independent evidence.

FAQ

May I photograph my flat as a tenant when I am absent?

Yes, you may document within your rented rooms. However, pay attention to the privacy of others and store recordings securely.^[1]

Can my landlord use recordings without my consent?

Landlords may not publish personal photos or videos at will; their use is limited by data protection and civil law rules.

How do I secure photos so they are accepted in court?

Keep original files, preserve metadata, label files with date and short descriptions, and record witnesses; store copies on external media if necessary.

How-To

1. Capture: Photograph damage from multiple angles and make short videos showing the condition.
2. Label: Save files with clear date and brief description.
3. Check privacy: Avoid making other people identifiable or obtain their consent.
4. Document: Send a defect notice to the landlord by email or registered mail and attach photos.
5. If necessary: Submit evidence to the competent local court or seek legal advice before filing a claim.^[2]

Key Takeaways

• Document damage promptly and systematically.
• Protect personal data and avoid recording identifiable third parties without consent.
• Keep original files and create a clear event chronology.

Help and Support / Resources

• Gesetze im Internet (BGB and ZPO)
• Federal Ministry of Justice and Consumer Protection (information on procedures)
• Federal Court of Justice (case law)

1. [1] Bürgerliches Gesetzbuch (BGB) §§535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof — bundesgerichtshof.de