Tenant Evidence: Photos & Videos in Germany

Many students live in sublets or shared flats and face the question of how to prove damage, unauthorized entries, or breaches of duty when they are not at home. As a tenant in Germany you can use photos and videos as evidence, but only if data protection, entry rights and the chain of custody are respected. This guide explains in plain language which recordings are legally permissible, how to store images and videos securely, when to inform the landlord and which deadlines apply for rent reductions or eviction cases. Practical examples and concrete steps help students prepare evidence so that it holds up in court or mediation.

What applies legally?

Relevant rules for tenancy are in the German Civil Code (BGB) and concern landlord duties and tenant rights (BGB §§ 535–580a).^[1] Procedural rules for court proceedings are found in the Code of Civil Procedure (ZPO) regarding evidence and deadlines.^[2] It is important that recordings do not violate third-party rights; handling of personal data is additionally protected.

How to document correctly

When photographing or filming as a tenant, focus on three things: respect permissions and privacy, secure an unaltered chain of custody, and meet deadlines. Use clear file names, keep originals unchanged and log date, time and circumstances of the recording.

• Take high-resolution photos and short videos from multiple angles so that damage or entry is clearly visible.
• Record the date and time of each recording and the context (e.g. room, affected fixture, witnesses).
• Send a written defect notice to the landlord and attach copies of the recordings or refer to secured storage.
• Keep original files unchanged on a separate storage medium and create backups.
• Note names and contact details of witnesses or neighbors who can confirm facts.
• For safety-relevant defects (heating, water, electricity) act promptly and inform the landlord in writing with a deadline.

How-To

1. Take clear photos or short videos immediately after noticing an issue, paying attention to perspective and scale.
2. Save files with the date and a short context note, e.g. "bathroom_sink_2024-08-15_12-30".
3. Send a written defect notice to the landlord by email or registered mail and refer to the stored files.
4. Create at least one unchanged copy on external media and a cloud backup.
5. If the landlord does not respond, prepare documents for a claim and file them with the competent local court.^[3]

FAQ

Am I allowed to record in my apartment when I am absent?

Yes, as a tenant you may create photos and videos in your own apartment to document damage or unauthorized entries; however, do not record areas with other people without their consent and inform the landlord about relevant defects.^[1]

Are video recordings with sound permitted?

Audio recordings raise additional data protection issues; avoid recording sound if people are recognizable. Focus on visual documentation and context notes instead of audio.

How do I submit digital evidence to the court?

Prepare original files and a copy, include a short description of the recordings and submit the documents to the competent local court or seek legal advice on acceptable formats.^[2]

Help and Support / Resources

• German Civil Code (BGB) - gesetze-im-internet.de
• Code of Civil Procedure (ZPO) - gesetze-im-internet.de
• Local courts (Amtsgericht) - justiz.de

1. [1] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) - gesetze-im-internet.de
3. [3] Local courts (Amtsgericht) - justiz.de