Tenant Guide: Photos & Videos in Germany
As a tenant in Germany, it can be important to document damage, defects, or contract breaches with photos and videos. This text explains in clear language which recordings are permissible, what data you should log, and how to store evidence securely so it holds up in court or negotiations with the landlord. We cover data protection, landlord entry rules, wording for written defect notices, and practical steps for safe storage. The goal is that you as a tenant can take initial legally secure steps to preserve evidence without a lawyer and know when to use official forms or contact the courts.
Why photos and videos matter
Photos and videos are often the fastest way to document condition, date and extent of a defect. Note the date, time and location of each recording as well as circumstances (e.g., heating failure). Such details help substantiate claims for rent reduction or cost coverage and are relevant under tenancy law [1].
What is allowed — data protection & entry
The privacy of other residents and intimate areas is protected. Do not film neighbors in their apartments or private spaces. Landlords may not enter the apartment without notice and a valid reason; inspections require notice periods. In disputes over entry or inspections, the local court (Amtsgericht) is typically the first instance for tenancy cases [2].
How to document legally
Preparation
- Read your lease and note clauses on viewings and house rules.
- Keep a defect log with date, time and short description.
- Plan recordings promptly after discovery so date and condition match.
While photographing / filming
- Take overview shots and close-ups (measurement, damage edge, deposits).
- Capture date/time in file metadata or the log, if necessary with a camera-timestamp screenshot.
- Avoid recording people in private rooms; blur faces if needed to protect third-party rights.
- Supplement photos with a short written defect notice to the landlord and document the sending.
Evidence preservation and forms
For defects, write a formal defect notice with date, description and a deadline for repair. State, if relevant, the intended rent reduction and send it. Official templates such as a termination letter or court forms are available from the relevant federal authorities; use official templates when possible [3].
FAQ
- Can I take photos of damage inside my apartment?
- Yes, you may document damage in your own apartment. Make sure not to show roommates or neighbors without consent.
- When may the landlord enter the apartment?
- The landlord may only enter for important reasons and after notice. In repeated cases the local court can be involved.
- How do I submit evidence if a dispute arises?
- Keep original files, logs and proof of sending. Submit copies to courts or during negotiations and bring a structured timeline.
How-To
- Step 1: Photograph the damage systematically: overall view, detail shots, measurements.
- Step 2: Record date, time and circumstances in the defect log.
- Step 3: Send a written defect notice to the landlord by registered mail or email with read receipt.
- Step 4: If there is no response, consider legal steps and contact the local court.
