Tenant Evidence: Photo and Video Documentation Germany
As a tenant in Germany, a clear photo and video documentation is often the most important evidence when it comes to damage, defects, or disputed handovers. A structured collection of images, videos and date information helps to justify rent reductions, assert repair claims, or prove deadlines to the landlord. In this text I explain step by step how to create legally secure recordings, safeguard original files and which formalities or deadlines you should observe. Where possible, I refer to the relevant legal framework and competent courts so you can enforce your rights in Germany in a targeted manner.
When documentation helps
Photo and video recordings support you especially during apartment handovers, damp walls, heating failures or unfinished repairs. Documents show condition, extent and timing of a defect and are important as evidence for rent reduction, damages or eviction claims. Often a clear sequence is sufficient: date, location, detail and overview shots and supplementary notes on time and observations[1].
How to create photo and video evidence correctly
Follow a simple routine so that evidence can be accepted in court or in correspondence. Pay attention to complete scenes, comparison shots and unaltered original files.
- Keep date and time visible or record them immediately.
- Overview shots first, then detail shots (e.g. crack, mold, dripping tap).
- Add labels: room, location, involved devices and individual observations.
- List witnesses and note contact details, if possible with a short video confirmation.
- Document repair attempts, e.g. technician reports or appointment records.
Technical and formal notes
Use your devices' camera settings sensibly: high resolution, stable lighting and clear labels in photos or in the video description. Create a simple folder structure with date and short description and make backups. If possible, export metadata (EXIF) as an additional point of proof. Name files consistently, e.g. "2025-08-01-kitchen-noise.png".
Forms, deadlines and competent authorities
Relevant legal bases can be found in the German Civil Code (BGB) for rights and obligations of tenants and landlords and in the Code of Civil Procedure (ZPO) for court proceedings[1][2]. In serious disputes, the local court (Amtsgericht) decides, appeals go to the regional court (Landgericht) and ultimately to the Federal Court of Justice (BGH)[3]. For terminations or official letters, templates from the Federal Ministry of Justice can provide orientation; use templates only as a draft and adapt them to your case[4].
Frequently Asked Questions
- Do I need witnesses for my photo and video evidence?
- Witnesses are helpful, especially when conditions and times are disputed. A combined chain of evidence of photos, videos, witnesses and contractor invoices strengthens your claim.
- How long must I keep evidence?
- Keep evidence at least until the case is finally resolved; for legal disputes the deadlines of the ZPO for limitation and filing actions apply.
- Can manipulated images be excluded in court?
- Yes, if manipulation is suspected, judges can exclude images or reduce their probative value; therefore original files and metadata are important.
How-To
- Capture overview photos and detail shots with date immediately.
- Note time, room name and short observations in a text file.
- Obtain, if possible, a witness confirmation by video or written note.
- Secure all original files and create backups in multiple locations.
Important notes on communicating with the landlord
Inform your landlord in writing and within deadlines about defects and attach meaningful photos or short videos. Set concrete deadlines for defect remedy. If there is no response, document the communication and prepare for possible legal steps.
Help and Support
- [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
- [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
- [3] Bundesgerichtshof (BGH) – bundesgerichtshof.de
- [4] Federal Ministry of Justice (BMJ) – bmj.de
