Tenants: Securely Record Viewings in Germany
As a tenant in Germany, it is important to prepare viewings so that your privacy is protected and misunderstandings are avoided later. Many tenants underestimate how important a written record, photos and a clear schedule are, especially when it comes to defects, key handovers or landlord access requests. This article explains step by step which mistakes commonly occur during viewings, how to create legally sound documentation and which legal bases in Germany are relevant. The guidance is written in plain language, includes practical examples and shows when court action or standard forms may become necessary. With simple preparations you can strengthen your rights and protect your privacy.
Why mistakes happen at viewings
Common causes are unclear agreements, missing documentation and a lack of knowledge about access rights and landlord duties under the German Civil Code (BGB) [1]. Tenants often make verbal statements in stressful situations that are later hard to prove. Photos or records are also often not dated, so the chronological link is missing.
Preparation: What tenants should do
- Confirm appointments in writing: time, meeting point and the names of all participants.
- Clarify privacy: Agree in advance which rooms may be entered.
- Record contact persons: name, role and phone number of the landlord's representative.
- Prepare evidence: photos, prior defect reports and meter readings.
Recording: What belongs in the record
- Date and time of the appointment and the names of all attendees.
- Exact location and which rooms were entered.
- Description of observed defects, including photos and meter readings.
- Agreements and deadlines: who promised what by when.
- Signatures: ask for a signature or send the record by email with read receipt.
Sample phrasing for records
Good phrasing is concise and specific, e.g.: "Landlord informed about renovation work in the corridor starting 15/06; expected duration 3 days; responsible: Company XYZ." Avoid vague terms like "possibly" or "soon."
After the viewing: Next steps
Send the record promptly by email to the landlord and keep a copy. If promised deadlines or repairs are not met, tenants can assert their rights and, if necessary, involve the local court (Amtsgericht), which handles many tenancy disputes [2].
FAQ
- Do I need the landlord's permission to take photos during a viewing?
- No, as a tenant you may take photos of the flat for documentation purposes; you should, where appropriate, avoid sensitive areas and inform the landlord.
- What if the landlord shows up without notice?
- Unannounced access is only permitted in emergencies. Repeated entry without prior notice should be documented and may lead to legal steps.
- Which deadlines apply for defect repairs?
- Deadlines depend on the defect and urgency; record dates in writing and set a deadline if there is no response. Legal bases are found in the BGB.
How-To
- Confirm time and participants in writing before the appointment.
- Keep a record during the viewing with date, time and concrete descriptions.
- Take clear photos and save them with date and short description.
- Send the record immediately after the appointment to the landlord and request a short confirmation.
Help and Support / Resources
- [1] §535 BGB – Duties of the landlord (Gesetze im Internet)
- [2] ZPO – Jurisdiction and procedure (Gesetze im Internet)
- [3] Federal Court of Justice – Mietrecht decisions
