Tenants: Prove Drill Holes & Anchors in Germany

As a tenant in Germany, you may face questions about drill holes, anchors or alleged damage when furnishing a flat or removing items. Well-documented photo evidence is often the decisive proof to refute claims for damages or to assert your own claims. This guide explains in plain language how to systematically photograph drill holes and anchors, record dates and locations, create brief notes and when which forms or deadlines apply. The guidance is based on German laws and court procedures^[1][2] and is aimed at tenants without legal background. At the end you will find a practical step-by-step guide, frequently asked questions and official links to laws and courts in Germany^[3].

When you need photo evidence

Photo evidence is important when there is uncertainty about damage, the landlord asserts claims, or when returning the flat. Take photos immediately after noticing the condition and before any repair or removal of anchors. Also note date and time so the timeline is clear. If you receive a written request from the landlord, respond within short deadlines and keep copies. The local court (Amtsgericht) may be competent; keep documents for potential later proceedings^[4].

Documenting photos correctly

For reliable evidence: photograph systematically, clearly and traceably.

• Photos (photo) from several angles, including overall shots and close-ups.
• Show date and time (deadline), e.g. via camera timestamp, smartphone metadata or a labeled sheet.
• Show scale: photograph a ruler or tape measure so size and depth of holes are clear.
• Short note (document) for each photo: exact location (room), which fixture or item was mounted there.

Formal steps & deadlines

If the landlord asserts damages or a settlement is pending, follow these steps: request written details, respond within deadlines and present your photo evidence. Use official forms where available and document all communication in writing. In court proceedings, the local court often decides first; special legal questions may be influenced by Federal Court of Justice rulings^[2].

• Request a written breakdown of the claim and ask for a deadline (form).
• Reply within the stated deadline or submit a written objection (deadline).
• Attach your photo evidence (photo) with clear labels and dates.

Checking evidence quality

Quality means: sharp, to scale, dated, labeled. Avoid later digital manipulation; if necessary, create certified copies or have photos confirmed by a neutral person. Also save copies of all communications with the landlord.

When to involve courts?

Only if negotiations fail or the landlord asserts unjustified claims may court proceedings be necessary. Smaller disputes are handled by the local court (Amtsgericht); higher-value or special legal issues may go to the regional court or up to the Federal Court of Justice^[2]. Before filing suit, review the evidence and consider procedural deadlines under civil procedure rules.

FAQ

May I drill into the wall as a tenant?

Generally yes, unless the lease expressly forbids it; for significant alterations inform the landlord. Small holes for shelves are usually considered normal wear.

Who pays for damage caused by anchors?

If damage occurs, the court examines whether it exceeds normal wear. Without clear evidence, the landlord may claim removal or compensation.

Are photos enough or do I need an expert report?

Photos are often sufficient for small disputes; for larger claims or technical disagreements, an expert report may be advisable.

How-To

1. Take photos: make overall and detail photos (photo) of each affected area.
2. Labeling: note location, date and a short description in the filename or an accompanying text document (document).
3. Secure metadata: enable date/time on the camera and keep original files unchanged (deadline).
4. Communication: request written claims and send your documentation to the landlord (form).
5. Review: if necessary, prepare an organized evidence folder for the local court or legal steps (court).

Help and Support / Resources

• BGB tenancy provisions — gesetze-im-internet.de
• BGH – key rental law decisions — bundesgerichtshof.de
• Federal Ministry of Justice – forms and legal info — bmj.de

1. [1] Bürgerliches Gesetzbuch (BGB), §§ 535–580a — gesetze-im-internet.de
2. [2] Bundesgerichtshof (BGH) – Decisions on tenancy law — bundesgerichtshof.de
3. [3] Federal Ministry of Justice – Forms and information — bmj.de
4. [4] Information on local courts and jurisdictions — justiz.nrw.de