Tenants: Photo & Video Evidence in Germany

Photos and videos can be crucial for tenants in Germany when it comes to damage, defects or disputes over termination and rent reduction. This practical guide explains in plain terms when recordings are admissible as evidence, which data protection and access rules apply, and how to collect evidence securely. I describe step by step which metadata matter, how to record date and time, and which forms or courts are relevant in a dispute. Practical examples show how to name files correctly, create secure backups and prepare material before submitting it to court so that your rights as a tenant in Germany are protected. At the end you will find an FAQ, a clear how-to with practical steps and links to official sources.

Why photos and videos matter

Photos and videos often provide clear evidence of damage, defects or contract breaches. They help establish timing, extent and cause of an issue and document differences between move-in and later conditions. Legal bases for landlord obligations can be found in the Civil Code (BGB), especially regarding maintenance and rent reduction.^[1]

What to document?

• Damage and defects to floors, walls, windows and appliances.
• Before-and-after photos with a visible timestamp.
• Date and time of the recording, ideally automatically in the metadata.
• Witnesses, location of the recording and access information.
• Invoices, repair reports and written defect notifications.

Data protection and landlord access rights

As a tenant you may photograph inside your apartment; however, respect the privacy of cohabitants and visitors. Landlords do not have a general right to film or photograph without consent. Photos are admissible in court or for official reports but must be handled in compliance with data protection rules. Jurisdiction for rental disputes is usually the local court (Amtsgericht); procedural rules are set out in the Code of Civil Procedure.^[2]

Evidence preservation: practical steps

Document systematically: date, time, location, description and witnesses. Keep original files, create verified copies and note who had access. When presenting recordings to a court, pay attention to format, authenticity and potential allegations of manipulation.

For disputes, decisions by the Federal Court of Justice can set relevant standards; check applicable rulings or seek advice.^[3]

Frequently asked questions

Can I take unlimited photos for evidence in my apartment?

Yes, in your own apartment you may take evidentiary photos as long as you do not violate the rights of others.

What happens if the landlord requests the photos?

The landlord can request inspection, but sending complete private images is not automatically mandatory; examine legal grounds and purpose.

What deadlines apply if I want to go to court?

If claims are time-barred or deadlines exist, clarify this early with the local court or legal advice.

How to proceed

1. Photograph the problem from multiple angles including close-ups.
2. Record date and time and secure metadata.
3. Save relevant invoices, defect notices and correspondence as PDF.
4. Create secure backups in two locations (e.g., external drive and cloud).
5. Submit copies to the court and bring original files to the hearing.

Key takeaways

• Systematic documentation strengthens your position in defect cases.
• Landlord access is regulated and must not disregard privacy.

Help and Support / Resources

• Civil Code (BGB) – gesetze-im-internet.de
• Code of Civil Procedure (ZPO) – gesetze-im-internet.de
• Federal Court of Justice (BGH) – bundesgerichtshof.de

---

1. [1] Civil Code (BGB) – gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) – gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) – bundesgerichtshof.de
4. [4] Federal Ministry of Justice (forms & information) – bmj.de