Tenant Rights for Photos & Video in Germany

Many tenants in Germany are unsure whether and when landlords may take photos or videos inside the apartment or of the building. This clear guide explains in plain language what rights tenants have, which types of consent are required, which legal deadlines apply, and how to react immediately to privacy violations. We cite important sections of the BGB^[1], practical case-law examples, suggested wording for letters to the landlord, and a checklist for preserving evidence. The goal is that you act professionally, know your rights, and, if necessary, confidently go to the local court. The guidance applies nationwide, references laws and court practice, and helps you meet deadlines.

Legal framework

Fundamentally, the German Civil Code (BGB) sets the main duties of landlords and tenants, including protection of the tenancy and respect for privacy. Serious intrusions can be limited by personality rights as interpreted through the BGB and case law, which may restrict the landlord's actions^[1]. Enforcement proceedings follow the rules of the Code of Civil Procedure (ZPO)^[2]. Higher courts such as the Federal Court of Justice decide key questions on evidence assessment and balancing of interests^[4].

What landlords may and may not do

• Landlords generally may not take interior photos without your explicit consent.
• Exterior photos of communal property are possible if private areas are not clearly affected.
• Photos to document damage are usually permissible but should be limited to the purpose.
• Video surveillance in entrances is allowed only after balancing interests and providing notices.

Deadlines and steps to take

• If material is published without authorization, demand deletion from the landlord in writing immediately and set a deadline.
• Statutes of limitations apply to claims for injunctions or damages; acting promptly is important.
• If court action is necessary, file the claim at the competent local court under the ZPO rules^[2].

Tenant checklist (brief)

• Preserve evidence: your own photos, timestamps, witness names, and messages from the landlord.
• Send a written demand for removal or a prohibition and set a clear deadline.
• Use template letters for communication with the landlord and note all appointments.
• Consider court action at the local court if the landlord does not comply.

FAQ

When does the landlord need my consent to take photos inside the apartment?

The landlord generally needs your explicit consent for interior photos; only very narrow exceptions apply, for example in urgent danger.

May the landlord install surveillance cameras in the hallway?

Cameras in communal areas can be permissible but must comply with data protection and must not film private living spaces.

Which authorities or courts are competent if I want to sue?

Tenancy disputes are usually heard at the local (Amtsgericht) court; appeals go to the regional court and the Federal Court of Justice^[4].

How-To

1. Collect evidence: take your own photos, note date and time, and record witnesses.
2. Write to the landlord: demand removal and deletion, and set a clear deadline such as 14 days.
3. If necessary, file a claim at the competent local court or seek legal advice.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Zivilprozessordnung (ZPO) – Gesetze im Internet
• Bundesgerichtshof (BGH) – Decisions

1. [1] Bürgerliches Gesetzbuch (BGB)
2. [2] Zivilprozessordnung (ZPO)
3. [3] Federal Ministry of Justice and Consumer Protection (BMJ)
4. [4] Federal Court of Justice (BGH)