Tenant Rights: Photos & Videos in Germany
As a tenant in Germany it is important to know when photos and videos are legally permitted and how to securely record evidence. This practical tutorial explains in clear language the rights and duties of tenants and landlords, how to make legally secure recordings, which forms and deadlines to observe and how documentation can be effective in court. We give everyday examples, common misconceptions and show step by step how to document damage, defects or unauthorized entries. The aim is to provide tenants with practical usable advice so you can better protect your rights under tenancy law and prove disputes with the landlord objectively.
What is allowed – legal framework
Generally, the Civil Code (BGB) governs the landlord's maintenance obligations and tenants' rights; disputes are often decided by the local court.[1] Procedural matters for lawsuits and evictions are regulated in the Code of Civil Procedure (ZPO).[2] Many tenancy disputes are handled by the local court (Amtsgericht); appeals go to higher courts and the Federal Court of Justice.[3]
Practical rules for tenants
When recording inside your flat consider third-party privacy, confidentiality and proportionality. For evidence preservation: date, describe and store clearly.
- Take photos and videos only for evidentiary purposes (record) and only of areas you are entitled to use.
- Inform the landlord if recordings affect others' privacy (notice); announce them beforehand when possible.
- Note date, time and circumstances of each recording (time) such as location, cause and visible defects.
- Store originals and backup copies separately (record) on external media and in the cloud.
- When the landlord enters, note witnesses or make a written record (entry) and document the reason.
Forms and deadlines – what tenants should know
Important tenancy-related forms include termination letters, filing a lawsuit, or applications for legal aid. A termination letter should clearly state the end date; an eviction lawsuit is filed at the competent local court and follows ZPO rules. Example: For prolonged lack of heating, document defects with photos, set a deadline for repair in a written defect notice and consider rent reduction before court action.
FAQ
- May I take photos or videos in my flat to secure evidence?
- Yes, inside your flat you may document damages with photos and videos as long as you do not infringe others' rights; make sure to date and describe recordings carefully.
- Do I have to inform the landlord before recording?
- Not always, but if recordings concern shared areas or third parties it is advisable to inform or obtain consent beforehand.
- Can the landlord demand deletion of recordings?
- Only if the recordings violate third-party rights or are disproportionate; seek legal advice and keep evidence secure in doubt.
How-To
- Secure evidence: take photos and videos, note date and time (record).
- Describe the incident briefly in writing and name witnesses (notice).
- Inform the landlord in writing and set a deadline for repairs (notice).
- Keep originals and backups on multiple media (record).
- Use legal aid or contact legal advice when necessary (contact).
- File at the competent local court if out-of-court steps fail (court).
