Tenants: Photos & Video Recordings in Germany

Many tenants in Germany are unsure which documents and deadlines apply when landlords want to take photos or videos in the apartment, in the stairwell or for listings. This guide explains in plain language which consents are required, which documents you as a tenant should collect and which legal deadlines you must observe. It shows how to protect your privacy, how to prohibit recordings in writing or act against unauthorized publication and what role local courts and tenancy law play. We also explain practical wording for letters, how to secure photos as evidence and which steps follow in complaints or lawsuits. The information is based on German law and tailored to typical tenancy conflicts.

Tenant rights and landlord duties

Fundamentally, §§ 535–580a of the BGB regulate the main obligations from the tenancy agreement; from this follow duties to protect privacy and the landlord's duty of consideration^[1]. Photos or videos in private rooms may not be taken or published without the tenant's express consent. For exterior areas such as stairwells or facade, graduated rules apply: legitimate interests of the landlord may play a role, but purpose and scope must also be considered.

• Written consent of the tenant (form) for recording and publication.
• Documentation of the recording purpose and time (evidence), including date and location.
• Photos/videos as evidence with date stamp (evidence) and separate backups.

When landlords have access

A landlord generally may not enter the apartment without notice; necessary inspections must be announced and justified. For enforcement through courts, the rules of the Code of Civil Procedure (ZPO) apply in lawsuits or judicial measures^[2]. Emergencies (e.g., burst pipe) are an exception where entry without consent may be permitted.

• Prior notice (deadline) preferably in writing and with a specific appointment.
• Distinction between necessary inspections and disproportionate surveillance (safety).

What to do about unlawful recordings?

If you suspect that recordings have been made or published unlawfully, document the place, time and content of the recordings and demand in writing that the landlord remove or cease the recording. Use a short, clear deadline and, if necessary, threaten court action before the competent local court^[3]. Keep copies of all letters and back up the original recording files separately.

1. Collect evidence (evidence): save files, note date and time and obtain witness statements.
2. Send a written demand (form) with a clear deadline and send it by registered mail or email with read receipt.
3. Contact the local court (court) or legal advice if the landlord does not react.

FAQ

Can the landlord take photos in my apartment without my consent?

No. In private living spaces, landlords generally require your express consent. Exceptions exist only in narrow emergencies.

What deadline should I set in a demand to the landlord?

Set a reasonable deadline of about 7 to 14 days depending on urgency, and request confirmation of deletion.

Which courts are responsible if a lawsuit arises?

Tenancy disputes are usually handled by the local district court; higher instances are the regional court and the Federal Court of Justice.

How-To

1. Secure evidence (evidence): save files, note date and time and collect witness statements.
2. Draft a written demand (form) with a clear deadline and send it by registered mail or email with read receipt.
3. Contact the local court (court) or legal advice if the landlord does not respond within the deadline.

Help and Support

• BGB text at Gesetze im Internet
• ZPO text at Gesetze im Internet
• Federal Court of Justice (BGH) — bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — bundesgerichtshof.de