Tenants: Documenting Construction Evidence in Germany

Tenants in Germany often face the question of how to secure damage, restrictions or delays caused by construction works so that a court will accept the evidence. This guide explains in plain language which documents, photos and records you should collect, how to observe deadlines and when emergency proceedings are appropriate. The aim is to help tenants enforce their rights practically—such as rent reduction, injunctions or short-term legal protection before the competent local court—without legal expertise.

Why court-ready documentation matters

Court-ready documentation means: traceable, dated and unaltered evidence that courts can assess. In tenancy law, claims rely on the landlord's duties as regulated in the BGB^[1]. For immediate protective measures there are procedural rules in the Code of Civil Procedure (ZPO) that allow emergency proceedings^[2]. Without clean records, tenants risk having evidence challenged or deemed incomplete.

What evidence should tenants collect?

• Photos and videos with date, time and context (wide shot and detailed close-ups).
• Written correspondence with the landlord by email or registered mail.
• Witness statements from neighbors or craftsmen, preferably in writing.
• Logs of disruptions (date, duration, nature of the disturbance).
• Invoices or cost estimates for damages or necessary repairs.

Photos and video: practical checklist

• Take at least two perspectives: overview and close-up of the damage.
• Save metadata or note the time if metadata is removed.
• Annotate images briefly: room, suspected cause, visible consequences.
• Document if heating, water or electricity are affected (relevance to habitability).

Forms and legal steps

There is no single "rent reduction form", but for emergency proceedings you generally need a formal application at the competent court (local court for most tenancy disputes). Clearly state the requested measure (e.g. cessation of works, provisional rent reduction) and attach your evidence. For deadlines and requests to the landlord, personal documentation is vital; procedural rules are in the ZPO^[2].

Practical conduct before court

• Collect ordered evidence bundles: chronological list, photos, emails, witness statements.
• Prepare a short fact-based statement naming the key time points.
• Contact the local court early if immediate protection is needed; emergency filings are reviewed there.
• Use local advisory centers or the court's legal aid office for initial orientation.

FAQ

When is a rent reduction justified?

A rent reduction can be justified if the usability of the apartment is impaired; document scope and duration of the impairment and the cause.

How quickly must I react if construction works pose health risks?

Immediately: note everything, inform the landlord in writing and consider an emergency application at the local court if no remedy is provided.

Who decides on rent reduction or injunctions?

The competent local court decides in disputes; higher courts such as the regional court or the Federal Court of Justice may follow for legal questions.

How-To

1. Collect evidence: photos, videos, emails and logs in chronological order.
2. Set deadlines: formally request the landlord to remedy the issue and specify a time limit.
3. If no response: prepare an emergency application at the local court and attach evidence.
4. Court steps: note the file number and attend hearings on time.

Help and Support / Resources

• BGB §535 ff. – Civil Code (gesetze-im-internet.de)
• Code of Civil Procedure (ZPO) – emergency rules (gesetze-im-internet.de)
• Federal Court of Justice – decisions and information (bundesgerichtshof.de)

1. [1] Bürgerliches Gesetzbuch (BGB) §535 and following (gesetze-im-internet.de)
2. [2] Code of Civil Procedure (ZPO) – procedural rules (gesetze-im-internet.de)
3. [3] Federal Court of Justice – official website (bundesgerichtshof.de)