Photos & Videos: Tenant Rights in Germany

What applies to photo and video recordings by the landlord?

As a tenant in Germany you have basic rights to privacy and protection from unwanted documentation. A landlord may not enter your apartment without legal grounds or permanently monitor it. Many obligations and rights in the tenancy relationship are governed by the provisions of the BGB, especially regarding the landlord uty to provide use and related duties ^[1]. In court proceedings or for evidence preservation, recordings can be relevant, but data protection and proportionality still apply.

When may landlords take photos or film?

There are only a few situations in which recordings by the landlord are lawful: to document defects for necessary repairs, for handover at move-in and move-out, or if you have expressly given a valid consent. Even for defects, the recording must be proportionate and limited to what is necessary. Pay attention to deadlines (deadline) for defect notices and response times and require prior announcement.

• For defect documentation (form): short purpose-bound photos during move-in or move-out.
• With your consent, rooms may be entered for professional assessment.
• Except in emergencies, landlords must announce appointments and respect deadlines (deadline).

How can tenants refuse recordings?

If you want to refuse recordings, respond in writing and briefly state the reason. Propose an alternative, such as the landlord submitting a written defect description or a neutral expert visiting. It is important to respect deadlines (deadline): set a reasonable time for the landlord to remedy defects when repairs are involved.

• Reply in writing and document date and content of your message.
• Set a deadline (deadline) for remedying defects.
• Contact legal advice or the local court if deadlines are not met.

Securing evidence correctly

If recordings are necessary as evidence, secure your own photos and notes with date and time. Send copies to a trusted email address and store originals externally. Record statements, text messages and appointments; evidence strengthens your position if a legal dispute arises.

Forms and official procedures

There is no nationwide uniform form for refusing photo recordings; court actions follow the rules of the ZPO ^[2]. Competent courts for tenancy disputes are the local Amtsgerichte in the first instance; appeals go to the Landgerichte and ultimately the Federal Court of Justice (BGH) for precedent-setting decisions ^[3]. Check whether an out-of-court agreement is possible before filing a lawsuit.

Frequently Asked Questions

Can my landlord take photos of my apartment without permission?

Generally no. Without consent or legal basis, recordings are unlawful except in acute emergency situations.

Do I have to allow photos at move-in or move-out?

Photos for handover are common to document condition; you may insist on confidential, purpose-bound handling.

What if the landlord ignores my refusal?

Preserve evidence, set deadlines to stop the behavior and seek legal advice or involve the local court.

How-To

1. Respond in writing: Briefly state the refusal and document the date.
2. Set a deadline (deadline): Give the landlord a reasonable time for alternative documentation.
3. Offer an alternative: Propose neutral assessment or a written defect description.
4. Seek help: Contact advice centres or consider court action at the local court.
5. Secure evidence: Store your own photos, messages and appointments externally.

Help and Support / Resources

• Gesetze im Internet: Bürgerliches Gesetzbuch (BGB)
• Federal Ministry of Justice and Consumer Protection (BMJ)
• Federal Court of Justice (BGH) - Decisions

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Federal Court of Justice (BGH) - Decisions on tenancy law