Tenant Photo Documentation for Move-In/Out in Germany

Tenants should systematically create photos and videos as evidence during move-in and move-out in Germany. Clear photo and video documentation protects against disputes about damage, operating costs, or the security deposit and eases communication with the landlord. This includes timestamps, angles, comparison shots and an inventory protocol. This text explains which recordings make sense, how to secure date stamps and metadata, which deadlines apply and which official forms or courts are responsible. The aim is for tenants to know their rights and to produce, store and use evidence securely without violating data protection or house rules.

What counts as secure photo and video documentation?

Photos and videos are suitable evidence if they clearly show date, location and the relevant condition. Note a short file or image description stating when the recording was made and in what context. Legal foundations can be found in the BGB on rental obligations and defects as well as in procedural rules that determine how evidence is assessed in court.^[1]

• Shots of damage with close-ups and overall view.
• Photos of meters, readings and systems relevant to operating costs.
• Comparison images at move-in and move-out to show the extent of damage.
• Video walkthrough with explanatory voice and visible date on the device.

How to document technically correctly?

Use your smartphone but enable date/time and automatic saving. Keep original files, store copies in a timestamped cloud and name files descriptively (e.g. "2025-06-01-kitchen-window.jpg"). Also create a handover protocol signed by tenant and landlord.

• Record date and time in the filename or in an accompanying file.
• Secure metadata: export EXIF info or take a screenshot that shows the date.
• Backup location: local copy plus cloud backup with version history.

What to do in case of dispute or defects?

Notify the landlord in writing and attach your photos/videos as evidence. Set deadlines for remedying the defect and keep copies. If there is no response or refusal, legal action may be necessary; local courts (Amtsgerichte) usually handle rental disputes. Procedural rules and deadlines are in the Code of Civil Procedure.^[2]

Forms and templates (official)

The following official references and templates should be known by tenants: templates for termination letters and guidance on evidence preservation are available on federal justice ministry pages and in legal texts; use official templates as orientation and always supplement your documentation individually.

• Termination letter (template) from the Federal Ministry of Justice as orientation.
• Defect notice in writing with deadline and attached evidence.

How-To

1. Create a photo and video walkthrough with date at move-in and save original files.
2. Keep a signed handover protocol and attach photos as annexes.
3. For defects: send a written defect notice with a deadline to the landlord and document communications.
4. If no agreement is reached, consider legal steps at the local court; observe procedural deadlines.
5. Keep all files organized at least until the deposit and any legal case are resolved.

Frequently Asked Questions

Can the landlord demand deletion of photos?

The landlord cannot generally demand deletion if the recordings serve to enforce your tenant rights; however, check data protection and third-party personal rights.

Are photos alone enough in court?

Photos and videos are valuable evidence, but courts and the opposing party may check authenticity or manipulation; an accompanying handover protocol and witnesses strengthen the evidence.

How long should I keep documentation?

At least until the security deposit accounting and any subsequent claims are settled; practically keep them 3 to 6 months after move-out, longer if there is a dispute.

Key Takeaways

• Systematically save photos and videos with date and description.
• Send written defect notices with deadlines to the landlord.
• Local courts (Amtsgerichte) usually handle rental disputes; observe deadlines.

Help and Support / Resources

• [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
• [2] Federal Ministry of Justice and Consumer Protection — bmjv.de
• [3] Federal Court of Justice (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de