Tenant Photo and Video Evidence in Germany

Securing Evidence: Photos & Video

As a tenant in Germany, you should document damage, defects or unauthorized landlord entries so that photos and videos can later be recognized in court or by authorities. Make sure to record date, time and location and send written notifications to the landlord. Relevant legal bases can be found in the BGB and the ZPO ^[1][2], and the local court (Amtsgericht) is the first instance for many tenancy disputes ^[3].

• Always take high-resolution photos and immediately secure the videos.
• Make date and time visible or otherwise record them, e.g. photo metadata and a short written note.
• Create a short written log for each recording (location, reason, participants) and save copies.
• Always report defects in writing to the landlord and keep proof of receipt (email with read receipt or registered mail).

Observe data protection: do not record neighbors or private areas of others without consent. Recordings inside your own flat are allowed to show damage and defects; however, do not publish footage with identifiable persons without permission.

FAQ

May I take photos of defects as a tenant?

Yes. Photos and videos to document defects in your flat are common and can be accepted as evidence, provided you do not violate others' personal rights.

Are smartphone videos sufficient as evidence in court?

Smartphone videos can be considered evidence. Courts examine authenticity and completeness; keep original files and supporting documents.

What if the landlord refuses access or does not fix defects?

Send a verifiable defect notice, set a reasonable deadline for repair and seek legal advice or support from the local court.

How-To

1. Take clear photos and short videos of the damage, avoid shaky footage.
2. Secure date and time in metadata or take a photo including a dated item as evidence.
3. Attach a brief written note to each recording with location, cause and parties involved and keep backups.
4. Send the landlord a documented defect notice by email or registered mail and keep proof of dispatch.
5. If there is no response: prepare documents for a possible filing at the local court.

Key Takeaways

• Photos and videos are strong evidence if documented transparently.
• Keep original files and written notices as proof.
• Respect privacy and avoid publishing images of third parties.

Help and Support / Resources

• Laws: BGB (German Civil Code)
• Procedural law & forms: ZPO (Code of Civil Procedure)
• Courts: Federal Court of Justice (BGH)

1. [1] Gesetze im Internet - BGB (Bürgerliches Gesetzbuch)
2. [2] Gesetze im Internet - ZPO (Zivilprozessordnung)
3. [3] Bundesgerichtshof - BGH