Tenants: Photo & Video Documentation in Germany

As a tenant in Germany, it is important to document damage, defects or points of dispute early and securely, especially when they occur at the weekend and authorities or landlords are hard to reach. Photos and short videos with date and time help to objectively record the condition of the apartment. This documentation supports you in rent reduction claims, repair requests or during the move-out inspection and can serve as evidence in court or at the local court. Pay attention to clarity: clear shots, comparison photos, and secure backups. In this article you will learn which subjects are particularly important, how to store photos and videos securely and which legal steps you as a tenant in Germany should consider.

Documenting: What and How?

Focus on visible defects and everything that affects habitability. Prioritize shots that show condition, extent and chronological order.

• Photos of mold, moisture or water damage (water)
• Cracks and damage to walls and floors (repair)
• Photos of meter readings, defective appliances and control panels (document)
• Recordings with date/time or supplementary notes about sequence (time)
• Comparison photos at move-in and move-out, document key return (move-out)

Technology, Storage and Data Protection

Take sharp images, shoot short videos for dynamic damages (e.g., a dripping pipe). Note date and time in the file name or use the camera's automatic timestamp. Keep original files unaltered and create at least two backups, ideally one local and one cloud backup with access protection. Respect third parties' privacy in sensitive areas. If possible, store metadata (date, time, location) separately in a file as a log.

For legal steps, clear, unaltered evidence is crucial. Mention defects in writing to the landlord and attach the documentation. The landlord's maintenance obligations are regulated by law.^[1]

FAQ

Can I use photos as evidence at the weekend?

Yes. Photos and videos showing condition and date are admissible evidence as long as they are unaltered and verifiable.

Do I have to inform the landlord before I take photos?

For your own living spaces, you do not need the landlords permission to photograph defects; however, respect other peoples privacy.

What do I do with the documentation if the landlord does not respond?

Send a written defect notice by email or registered mail and keep records; use the documentation for further legal steps at the local court.^[2]

How-To

1. Take clear photos and short videos of the damage immediately, including close-ups and overview shots (document).
2. Name files with date/time and keep backups (time).
3. Write a defect notice and send it to the landlord with the documentation attached (notice).
4. Keep copies of all messages and maintain a contact log with dates and times (contact).
5. If there is no response, consider legal action at the local court or seek advice; legal aid may be available (court).

Key Takeaways

• Unaltered original files are the strongest evidence in court.
• Document date and time immediately and store secure backups.
• A written defect notice with attachments improves enforceability of your claims.

Help and Support / Resources

• BGB §§535–580a (gesetze-im-internet.de)
• ZPO  Zivilprozessordnung (gesetze-im-internet.de)
• Federal Court of Justice  Information and decisions (bundesgerichtshof.de)

1. [1] BGB §§535 (gesetze-im-internet.de)
2. [2] ZPO  Zivilprozessordnung (gesetze-im-internet.de)
3. [3] Federal Court of Justice  Information and decisions (bundesgerichtshof.de)