Photos & Videos for Tenants: Logging in Germany

As a tenant in Germany, it can be important to log photo and video recordings of damage, defects, or handovers. This practical guide explains step by step which recordings are legally permissible, how to respect the privacy of roommates and neighbors, and how photos and videos can be used as evidence in court or with the landlord. You will learn which forms and deadlines to observe, how to securely store files and which authorities are responsible in disputes. The goal is to give you easy-to-follow steps so you can protect your rights as a tenant without taking unnecessary risks. The guide also names official forms and explains when the local court may be involved.

Why record photos and videos?

Photos and videos help to clearly record damage, handover conditions and defects. As evidence, they can document deadlines, scope and condition, for example in rent reduction or claims for damages ^[1] and in legal disputes under the Code of Civil Procedure ^[2].

What and how to document?

Which recordings?

• Photos and videos of damage (photo, video) with overview and detail shots.
• Recordings at handovers (document) showing the condition of walls, floors and sanitary facilities.
• Evidence photos of broken devices or visible defects (receipt, proof).

How to store & secure?

• Document date and time (calendar, time) in file names or a log.
• Create multiple copies (record, backup): local, external and in an encrypted cloud.
• Encrypt files and protect access with strong passwords (security).

Legal basics

The rights and duties of tenants and landlords derive from the German Civil Code (BGB); important provisions are found in §§ 535–580a ^[1]. For legal procedures and filing claims or evidence, the rules of the Code of Civil Procedure (ZPO) apply ^[2].

Landlord access rights

Landlords may not enter the apartment without consent or a justified reason; for necessary repairs an announcement and reasonable appointment is required. In disputes about access or eviction, the local court (Amtsgericht) is responsible ^[4].

Photos as evidence

Photos and videos can serve as evidence in court if they are dated, unaltered and stored transparently. Relevant Federal Court decisions on evidentiary value and handling should be observed ^[3].

FAQ

May I as a tenant take photos of defects in the apartment?

Yes, to document defects and damage tenants may take photos and videos as long as they respect the privacy of third parties; preserve recordings as evidence and note date and circumstances ^[1].

Can the landlord demand that I delete recordings?

A blanket deletion demand is not easily enforceable, especially if recordings serve as evidence; examine the concrete reason and seek legal advice or involve the local court if necessary ^[4].

How do I use photos in court?

In court, photos must be comprehensible, unaltered and, if applicable, accompanied by metadata or comparison images; prepare copies and a brief documentation and observe procedural duties from the ZPO ^[2].

How-To

1. Photograph immediately: Take overview and detail shots (photo) right after noticing the defect.
2. Record date & time: Save timestamps in file names and logs (calendar, time).
3. Create multiple copies: Make at least two secure backups, local and encrypted cloud (record, backup).
4. Report the defect in writing: Send an informal letter or email to the landlord and attach the photos (form).

Help and Support

• [1] §535 BGB – Duties of the landlord, Gesetze im Internet
• [3] Federal Court of Justice – Jurisprudence on tenancy law
• [4] Justice portal – Information on local courts

1. [1] §535 BGB – Duties of the landlord, Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) – Rules on evidence and claims
3. [3] Federal Court of Justice – Collection of decisions in tenancy law
4. [4] Justice portal – Local court responsibilities and procedural information