Tenants: Allowing Photo and Video in Germany

As a tenant in Germany, you may be asked whether landlords may take photos or video recordings in your apartment or the stairwell. This practical checklist explains clearly which rights and duties tenants have, when consent is required and which exceptions apply, for example in cases of imminent danger or to document defects. You will learn how to document recordings legally, object in writing and which deadlines to observe. I also show which official forms or legal steps are possible, how to collect evidence and how local courts, higher courts or the Federal Court of Justice can influence decisions. The goal is a usable guide for safe decisions. Use these tips to protect your rights.

What tenants need to know

Fundamentally: photos or videos in private areas usually require the consent of the affected person. Without a clear legal basis or consent, recordings in the rented apartment are problematic under data protection and civil law. The decisive factors are purpose, scope and location of the recordings; communal areas like stairwells or basements are treated differently from private apartments.^[1]

When landlords may make recordings

• In cases of imminent danger or acute damage when immediate action is necessary.
• To document defects or necessary repairs for contractors or insurers.
• If a written consent is in the lease or a legal basis applies.
• For security issues in communal areas, if recordings are proportionate.

Consent, revocation and proportionality

An explicit, informed consent is safest. It should state who records, for what purpose, how long recordings are stored and who has access. Revocation must be possible; revocation may be limited if the landlord has legitimate interests. Proportionality matters: broad or permanent surveillance is usually impermissible.

Evidence: photos, videos and logs

If you make recordings for your defence or as evidence, note date, time, circumstances and witnesses. Save copies securely and create a simple event log. Complete documentation is important in disputes.

• Secure photos/videos with date and short description.
• Send a written request or objection to the landlord and use registered mail or verifiable email.
• Name witnesses or record statements in writing.

FAQ

May the landlord take photos in my apartment without consent?

No, in the private apartment this is generally impermissible without explicit consent, unless there is imminent danger or a clear legal permission.

What can I do if the landlord films without notice?

Document place, time and scope, object in writing and request deletion of unlawful recordings; seek legal help at the local court if needed.^[2]

Do I need a form to object?

There is no special federal form; an informal written objection with a deadline is sufficient. For court steps, the justice portal forms may be relevant.^[3]

How-To

1. Check lease and house rules for recording clauses.
2. Document recordings with date, time and possible witnesses.
3. Send a written objection or deletion request by registered mail or verifiable email.
4. If the landlord does not respond, consider legal action at the competent local court.

Help and Support / Resources

• [1] German Civil Code (BGB) §535: Landlord obligations
• [2] Justice Portal: Forms and court templates
• [3] Federal Court of Justice (BGH): case law and decisions

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1. [1] Bürgerliches Gesetzbuch (BGB) §535
2. [2] Justizportal: Formulare und gerichtliche Vordrucke
3. [3] Betriebskostenverordnung (BetrKV)