Tenant Guide: Photos & Videos Legal in Germany

As a tenant in Germany, you should know when photo and video recordings are legally permitted and how to log them correctly. This practical guide explains in clear language the rights and obligations when documenting defects, renovations or unauthorized access. You will learn which information each photo/video should contain, how to include timestamps, location and notes, and how to store files securely. We also show how to use recordings as evidence before the local court and which deadlines to observe. The goal is for you to protect your rights, avoid conflicts and respond appropriately if necessary. We also explain when landlords must announce access, what data protection limits apply and where to find official forms.

What tenants should note

When photographing or filming in a rented property, two areas are relevant: defect documentation and privacy. Photos of damage help communication with the landlord, but recordings that identify neighbors or their belongings can raise data protection issues.

• Photos and videos as evidence: record date, location and a short contextual note immediately ^[1]
• Respect privacy: do not record neighbors or private conversations without consent
• Landlord access: document announced appointments and unauthorized entries in writing

Practical rules for logging

A correct log increases the chances of success in disputes before court or with the landlord. It is not enough to take a single photo: context and secure storage are essential.

• Timestamps: use camera or app timestamps and, if possible, add a separate note with date and time
• Document context: briefly note what is visible, who is affected and since when the defect exists
• Save files: keep copies on external drive or cloud storage and name files with the date

FAQ

May I, as a tenant, take photos in the corridor or stairwell?

Generally yes, if you document defects or hazards. Make sure not to show identifiable persons; obtaining consent in shared areas can be advisable.

Can photos and videos be used as evidence in the local court?

Yes, recordings can serve as evidence if origin, time and context are verifiable. Provide logs and backup copies for this purpose ^[2].

What should I do in case of unauthorized access by the landlord?

Note date and time, collect witness statements and save any photos/videos. Consider sending a written request to the landlord to stop unauthorized entries.

How-To

1. Identify the defect: photograph the problem from several angles and take an overall picture of the room.
2. Log date and time: note the recording time or use an app that adds timestamps.
3. Note context: add a short description, affected rooms and possible causes as a text file or handwritten note.
4. Secure copies: store files in at least two places, e.g. cloud and external drive.
5. Provide when needed: submit full copies with an explanatory chronology in correspondence with the landlord or in court.

Help and Support / Resources

• BGB: Civil Code — gesetze-im-internet.de
• ZPO: Code of Civil Procedure — gesetze-im-internet.de
• Federal Court of Justice (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de