Tenant Documentation: Photos & Videos in Germany
When moving in or moving out, careful photo and video documentation can be decisive for recording the condition of the apartment and avoiding later disputes over damages, the security deposit, or rent reductions. As a tenant in Germany, you should proceed thoroughly and systematically: good lighting, date and time, detailed recordings of defects, and clear overviews of each side of the room. This guide explains in simple steps which evidentiary photos and videos make sense, how to date recordings, how to store files securely, and which official legal bases you should know. With clear examples and practical checklists you will learn how documentation helps secure claims and resolve conflicts with landlords.
Why documentation matters
Photos and videos are often the decisive evidence when it comes to claims for damages, return of the deposit or rent reductions. Basic duties and rights of tenants are set out in §§ 535–580a of the BGB[1], while procedural steps in court proceedings are governed by the ZPO[2]. In a dispute, the responsible local court (Amtsgericht) usually decides in the first instance; for issues of fundamental importance the Federal Court of Justice (BGH) may decide as a revision instance[3].
How to take photos & videos correctly
- Room overviews: Photograph every wall and corner from several angles to show the overall condition.
- Detail photos of defects: Take close-ups of cracks, mold, damp spots and defective fixtures.
- Date and time: If possible, display date/time or document them via file metadata later.
- Short videos: Slow panning videos give a good overview of the overall condition.
- Show scale: Place a ruler or a known object next to the damage so the size is clear.
- Labeling: Use filenames with date, location and a short description (e.g. "2025-07-12_kitchen_mold.jpg").
Storing files securely
- Backup: Create at least one local and one cloud backup to avoid data loss.
- Retention period: Keep files until the case or deposit accounting is finally resolved.
- Keep originals: If possible, keep original files and work with copies.
Forms & legal steps
There is no unified "photo form", but for legal steps the following documents can be relevant:
- Termination letter (tenant): Use a written, dated termination letter for ordinary or extraordinary termination; as an example include date, address, lease start and signature.
- Lawsuit for eviction or payment (at the local court): For an eviction claim, a complaint must be filed at the competent Amtsgericht; attach copies of the documentation as exhibits.
- Written defect notice: Report defects to the landlord in writing immediately and demand remedy; document the method and date of dispatch.
FAQ
- How long should I keep photos and videos?
- Keep documentation at least until the deposit, defects or court matters are resolved; often this is several months to years.
- Are photos alone sufficient as evidence in court?
- Photos and videos are important evidence, often together with witnesses, correspondence and invoices; evidentiary weight depends on quality and context.
- What if the landlord does not fix the defects?
- Continue documenting damages, send a deadline for remediation, and consider rent reduction or filing a lawsuit at the competent local court.
How-To
- Preparation: Plan a walkthrough (e.g. on the weekend), charge your battery and bring a tape measure.
- Take room overviews: Create several photos for each room from different angles.
- Document defects in detail: Create close-ups with a scale and descriptive filenames.
- Add videos: Short pans provide a better sense of the overall condition.
- Secure and name: Assign date, place and context to files and make backups.
- Forms & reporting: Notify defects in writing and prepare forms for legal steps if necessary.
Help & Support / Resources
- Federal Ministry of Justice and Consumer Protection (BMJ)
- Gesetze im Internet (BGB & ZPO)
- Federal Court of Justice (BGH)
