Tenant Rights: Photos & Videos in Germany

Tenants in Germany often face the question of how to use photos and video recordings effectively as evidence, for example for defects, unauthorized landlord entry, or damage after moving out. This article explains in practical terms how to document recordings legally, meet deadlines, and what information each file should contain. You will learn how to document date, time, location and context, which notifications to send to the landlord and when a local court becomes relevant. The goal is to strengthen tenant rights, avoid unnecessary conflicts and provide clear steps for damage reports, rent reduction or court proceedings in Germany. The information is general and does not replace legal advice, but helps with quick decisions.

How to document recordings

Always start with clear dating and context: date, time, address and a short description of the event. Such details are crucial if you want to assert rights under the German Civil Code (BGB).^[1]

• Record date, time and place in file names and in a log.
• Include a short text description for each recording: what is visible, who was present, how long the event lasted.
• Store photos/videos unchanged and keep copies on external storage.
• If possible, name witnesses and note contact details.
• Avoid interfering with third parties' privacy; respect data protection limits.

Deadlines and formal notes

Many rights require that you report defects promptly and meet deadlines. Report defects in writing and set a reasonable deadline for remedy; state in the notice that you have taken evidentiary photos.^[1]

• Set a written deadline for defect remediation (e.g., 14 days) and document when the deadline starts.
• Send written defect notices by registered mail or email with read receipt.
• After the deadline, take further photos/videos to prove ongoing problems.

Landlord access and privacy

The landlord may not enter without consent or legal basis. Document unauthorized access carefully and inform the landlord in writing if necessary. Collect evidence if repeated violations occur; a local court may then decide.^[1]

• Immediately document unauthorized access with times and name witnesses.
• Request in writing that the landlord refrain from such access and set a deadline.
• If violations continue, consider filing a complaint or lawsuit at the local court.

When courts or BGH rulings become relevant

If disputes cannot be resolved out of court, the local court decides; in legal issues higher instances like the regional court or the Federal Court of Justice (BGH) can set precedents.^[2]Keep chronologically ordered evidence to support claims.

Practical examples and forms

Important forms and templates are available from authorities. Example: termination letters or written defect reports should always include date, description, deadline and a note about available photo evidence. Standardized claim forms are used in court proceedings; check with your judicial authority in time.^[3]

FAQ

Can I use photos of my apartment condition for rent reduction?

Yes. Photos and videos are often important evidence of defects and can justify a rent reduction if you report defects promptly and meet deadlines.

May I film the landlord if they come without notice?

Document unauthorized entry; filming may be permitted within narrow limits, but data protection and privacy must be observed.

How do I submit evidence files to the local court?

Evidence is usually submitted as copies or on data carriers; check with the competent local court about format and extent.

How-To

1. Take photos or videos of the defect immediately and note date, time and place.
2. Secure files unchanged and create a short description for each file.
3. Send a written defect notice to the landlord and set a remediation deadline.
4. After the deadline, take further evidence and document the persistence of the defect.
5. If the landlord does not respond, consider legal steps at the local court or get legal advice.

Help and Support

• German Civil Code (BGB) online
• Federal Court of Justice (BGH) - Decisions
• Federal Ministry of Justice (forms and guidance)

1. [1] BGB §535 ff. - Duties of the landlord
2. [2] Federal Court of Justice decisions
3. [3] Forms and templates of the BMJ