Photos & Videos: Tenant Rights in Germany

As a tenant in Germany, it is important to know when landlords may take photos or video recordings in your apartment or in shared areas. This page explains in plain language which rights under tenancy law and the General Data Protection Regulation apply, when consent is required, how to respond to unannounced recordings and what role local courts or the Federal Court of Justice may play in disputes. The guidance is practical: you will learn how to secure evidence, which deadlines for complaints apply and which official forms or template texts are useful. The aim is to give you clear steps so you can protect your privacy and act in a legally secure way. Read on for concrete steps and templates.

Legal basics

Basic duties and rights of the contracting parties are found in the German Civil Code (BGB). Important provisions on the rental object, landlord duties and defect remediation are set out in §§ 535–580a BGB.^[1] Civil procedure rules, such as how an eviction claim or other proceedings can be initiated, are regulated by the Code of Civil Procedure (ZPO).^[2] For personal data, data protection rules under the GDPR and national implementations apply; these rules are central for photo and video recordings.^[3]

When photos or videos are permitted

Whether photos or videos are lawful depends on purpose, location and consent. Generally: inside private apartments the threshold is very high; in public or shared areas (stairwell, garden) stricter limits apply for surveillance.

• Written consent of the tenant (form) for recordings inside the privately used apartment.
• Photos or videos to document defects or repairs (photo/video), if necessary to prove damage.
• Recordings made during legitimate access to the apartment for maintenance, repairs or inspections (inspect/entry), provided notice was given.
• Video surveillance in shared areas is only allowed if proportionate and does not excessively monitor private areas (privacy).

Consent, purpose limitation and proportionality

Consent must be informed and voluntary; blanket clauses in rental contracts often do not suffice. Photos may only be used for the stated purpose and not shared arbitrarily. For sensitive recordings (e.g. bedrooms or personal items) consent is especially critical.

What you can do: Steps for tenants

If you notice unwanted recordings, document date, time and circumstances. Request in writing that the landlord delete the recordings or provide justification. Use deadlines and procedures to enforce your rights.

1. Secure evidence: photos, screenshots, witnesses and logs (photo/evidence).
2. Request in writing deletion or cessation and demand a written consent if necessary (form).
3. Contact the competent local court or seek legal advice if the matter cannot be resolved amicably (court).

Common official documents and templates

There is no uniform state template for consent to photo recordings in apartments, but the following official templates and guidance are relevant:

• Termination letters/templates from the Federal Ministry of Justice for rental terminations where contract termination is at issue.
• Defect notification: your own letter to request remedy and document defects (template texts can be adapted from official court and ministry pages).

Court procedures and instances

In disputes over unlawful recordings, local courts (Amtsgerichte) are generally the first instance; appeals can go to regional courts (Landgerichte) and the Federal Court of Justice (BGH) may decide on precedents.

FAQ

May landlords take photos in my apartment without consent?

Generally no. Inside a privately used apartment, explicit consent is required, except in urgent exceptional cases.

Can I demand deletion if my landlord published photos?

Yes, you can demand deletion and, if necessary, file for an injunction; document the publication and request removal in writing.

Which court do I turn to for unlawful recordings?

For tenancy disputes, the local court (Amtsgericht) is usually the first instance; appeals proceed to higher courts.

How-To

1. First check the lease and document the situation, noting time and place (tip/info).
2. Request written deletion or written consent from the landlord (form).
3. Secure evidence and, if necessary, prepare a claim at the local court or seek legal counsel (evidence/court).

Help and Support / Resources

• [1] Bürgerliches Gesetzbuch (BGB) §535 ff. - Gesetze im Internet
• [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
• [3] Federal Commissioner for Data Protection and Freedom of Information (BfDI)

1. [1] Bürgerliches Gesetzbuch (BGB) §535 ff. - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Bundesbeauftragte für den Datenschutz und die Informationsfreiheit (BfDI)