Photos & Videos in Rentals: Tenant Rights Germany
Many tenants are unsure whether landlords may take photos or videos inside the apartment. These questions concern privacy, contractual obligations and possible evidence collection before, during or after the tenancy in Germany. This article explains in plain language when recordings are legally permissible, which deadlines and formalities tenants should observe, how to refuse or limit consents and which practical steps are possible. It includes sample forms, documentation tips and the judicial options in case of disputes. The language is straightforward and practical so tenants can apply their rights more confidently. At the end you will find a step-by-step guide to objecting, an FAQ and official contacts for further support.
When may landlords take photos or videos?
Landlords may not interfere with privacy at will. Recordings are usually permitted when necessary to fulfill contractual duties or to avert danger; in many cases the tenants consent is required[1]. Necessity, proportionality and purpose limitation are the key criteria. Statutory provisions and procedural rules determine when a landlord may justify access and documentation.
Typical situations
- At move-in and move-out for inventory and handover protocols.
- For necessary repairs to document damage or scope of work.
- As evidence in cases of damage, unauthorized subletting or contract breaches.
- In emergencies (e.g. water damage) for rapid assessment and mitigation.
What rights do tenants have?
Tenants have a right to privacy and the protection of personal data. Landlords must state the purpose, scope and legal basis; blanket or public distribution without consent is generally impermissible. Civil disputes are typically decided by local courts (Amtsgericht); procedural rules for filing claims and presenting evidence determine the next steps[2]. Appeals can be heard by higher courts and certain issues may reach the Federal Court of Justice[3].
Practical steps for tenants
- Request a written statement of purpose and scope before any recordings.
- Decline or limit permission for unnecessary recordings and restrict access.
- Keep your own records (date, time, names) and save evidence.
- If problems persist, prepare a claim or an injunction at the local court (Amtsgericht).[2]
How-To
- Check your lease first and ask in writing for the purpose and duration of any recordings.
- Refuse or limit your consent in writing if the recordings are unnecessary.
- Record dates, times and people involved; secure your own photos as counter-evidence.
- In urgent emergencies allow only the documentation strictly necessary to fix the damage.
- If no agreement is reached, file a claim or injunction at the local court and check deadlines and form requirements.[2]
FAQ
- Does the landlord always need my consent to take photos in the apartment?
- No. For purely documentary recordings necessary to fulfill the contract or prevent danger there can be a legal basis; otherwise, tenant consent is usually required.[1]
- Can the landlord use photos for property ads?
- Only with your explicit permission. Commercial use goes beyond permissible documentation and requires a separate consent.
- What if photos were published without permission?
- Request deletion and an injunction, document the incident and consider legal action.
- Which court handles disputes?
- Civil disputes are usually heard at the local court (Amtsgericht); appeals go to the regional court and certain matters may reach the Federal Court of Justice.[3]
Help and Support
- Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
- Zivilprozessordnung (ZPO) — gesetze-im-internet.de
- Bundesgerichtshof (BGH) — bundesgerichtshof.de
