Tenant Rights: Photos & Videos in German Rentals

As a tenant in Germany, you often face questions about privacy and landlord access when landlords want to take photos or videos in the flat. This guide explains simply and practically which rules apply, when you must consent and how you can object or set conditions. You will receive clear guidance on data protection, documenting damage, evidence, and formal steps such as responding within deadlines or using template letters. There are also notes on court jurisdictions and the relevant legal bases so you can avoid conflicts or react prepared. The aim is to give you security and to prevent typical mistakes with photo and video recordings.

When are photo and video recordings permitted?

In principle: the landlord may not simply photograph or film in the flat without your consent. Recordings in private living space affect your privacy and require a legal basis or your consent. For bona fide interests, e.g., to document a defect before a repair, an agreed arrangement is sensible and often sufficient.

Typical tenant mistakes and how to avoid them

• Allow unsolicited recordings (privacy): Say clearly "no" or demand conditions instead of tacitly consenting.
• Not documenting consent or objection in writing (form): Always request written consent or send a written objection.
• Failing to secure recordings as evidence (video): Save copies and notes on time, procedure and witnesses of the recording.
• Missing deadlines (deadline): Respond within set deadlines, e.g., for warnings or requests.
• Requesting photos instead of repairs (repair): Insist on a technical inspection and written reports rather than just pictures.

What to do if the landlord films without consent?

Proceed stepwise: first object politely and request cessation; if necessary, document and object formally by registered letter. In case of doubt, legal advice can be useful.

Concrete steps

1. Secure evidence (evidence): Photos, timestamps, witness names and a short description of the incident.
2. Object in writing (form): Send an objection by registered mail with return receipt or by email with read confirmation.
3. Demand conditions (privacy): Allow only for specific purposes, with purpose limitation and deletion deadlines.
4. Consider court action (court): If unlawful surveillance continues, the local Amtsgericht is competent.^[2]

Templates & official forms

Here are clear text blocks and notes you can adapt directly. Official court forms are available at the competent Amtsgericht or via the Federal Justice Portal; for legal steps the rules of the ZPO and the relevant norms of the BGB apply.^[1][2]

Template: Objection to photo/video recordings

Content (short): Date, reason, description of the recording, clear demand to stop and a deadline (e.g., 14 days), threat of further steps (e.g., legal action). Send by registered mail.

Template: Request for deletion of recordings

Content: Reference to the recording, request for deletion by a specific date and ask for written confirmation of deletion.

FAQ

When may the landlord enter and photograph without permission?

The landlord may only enter the flat in exceptions (e.g., acute danger, emergency, with notice for necessary repairs). Photographing without consent is generally not permitted.

Is verbal consent from the tenant sufficient?

Usually not; written consent is far safer because it records purpose, scope and retention period.

Can I demand deletion if pictures were taken?

Yes, you can demand deletion, especially if the recordings violate your privacy or there is no legitimate interest.

How-To

1. Collect evidence (evidence): Note date, time, descriptive details and make copies of files.
2. Draft a template letter (form): Write an objection with a deadline and proof of dispatch and send by registered mail.
3. Seek advice (help): Contact local legal advice centres or tenant associations if unsure.
4. Final step: Consider court action (court): If unlawful monitoring continues, file at the local Amtsgericht.^[2]

Help and Support

• Gesetze im Internet: BGB (law text)
• Federal Ministry of Justice and Consumer Protection (BMJV)
• Federal Court of Justice (BGH) - decisions

1. [1] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) - gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) - bundesgerichtshof.de