Tenants: Photos & Video Recording in Germany

When are photo and video recordings allowed?

As a tenant: photo or video recordings by the landlord are only permitted within narrow limits. Without your explicit consent, the landlord generally may not film or photograph inside your private flat. Recordings are permitted only if there is a legitimate interest, the tenant's rights are preserved, and legal requirements are observed ^[1].

• With explicit, documented consent of the tenant.
• In case of imminent danger to persons or property when immediate action is required.
• After weighing interests following prior announcement, e.g. during inspections before moving out.
• In communal areas only for security and with data protection safeguards.

How to log and secure evidence?

If you want to document photo or video recordings, a clear chronological record helps: date, time, place, participants, reason and visible damages or circumstances. Store original files unchanged and keep copies on neutral media or in the cloud. Use supporting evidence such as witnesses, repair invoices or correspondence.

• Always save photos/videos with date/time and secure the original files.
• Create a protocol: who recorded, why and who was present.
• Observe deadlines: report changes or damages promptly.
• Name witnesses and record contact details.

Forms and templates

For court actions or formal objections there are standardized forms. Example: a sample termination letter or claim forms for civil proceedings. Use official templates when filing a claim or submitting formal statements; this simplifies service and the procedure ^[2]. Practical example: send the landlord a written demand to remove unlawful recordings and set a 14-day deadline; document dispatch and receipt.

What to do in case of unlawful entry or data protection breach?

If a landlord records without permission or enters the flat without notice, document everything and consider legal steps. Local courts (Amtsgerichte) handle tenancy disputes; higher instances are the regional courts (Landgerichte) and the Federal Court of Justice for legal precedents ^[3].

• Contact the landlord in writing first and demand deletion of unlawful recordings.
• File a claim or seek an injunction at the competent court if necessary.
• Report data protection breaches to the relevant state data protection authority.
• Secure evidence before the landlord deletes it.

FAQ

Can my landlord take photos in my flat without permission?

Generally no. Recordings in the private flat require your consent, except in legally regulated exceptions.

How long should I keep evidence?

Keep evidence as long as it is relevant in a dispute; during an ongoing dispute at least until final resolution.

Can I demand deletion?

Yes, you can demand deletion of unlawful recordings and, if necessary, enforce this legally.

How-To

1. Within 24 hours: secure the photo/video recording and save an unchanged original.
2. Create a protocol: describe date, time, participants, and reason.
3. Name witnesses and record contact details, if available.
4. Send a written demand to the landlord to delete or respond and set a deadline.
5. If unsuccessful: consider filing a claim at the competent local court.

Key Takeaways

• Secure evidence unchanged and documented.
• Tenant consent is the central basis for in-flat recordings.
• For data protection breaches, contact state authorities and courts.

Help and Support

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Federal Ministry of Justice and Consumer Protection (BMJ)
• Federal Court of Justice (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Bundesministerium der Justiz und für Verbraucherschutz – Forms and templates
3. [3] Federal Court of Justice – Decisions and key rulings