Documenting Video Surveillance: Tenants in Germany
As a tenant in Germany it is important to know how video surveillance in a building is regulated and documented. Whether cameras are installed in corridors, at entrances or outdoors, tenants should know their rights, data protection duties and the steps to secure evidence. In this guide we explain in plain language what information may appear in the house rules, when a camera is legally permissible, how to securely store photos, videos and logs and how to act formally with the landlord or court. We provide practical checklists, relevant forms and deadlines so you can protect your interests without unnecessary escalation. If in doubt we name responsible authorities and show how to prepare a formal complaint. This helps you act factually and lawfully and avoid common mistakes with deadlines and evidence collection.
How house rules and video surveillance are related
The house rules often regulate behaviour in common areas but may not arbitrarily infringe personal rights. Generally tenancy law under the BGB applies, in particular rules on landlord duties and the suitability of the rental property.[1] Video surveillance must have a legitimate purpose, be proportionate and must not allow secret monitoring of private rooms.
Rights and duties of tenants and landlords
Landlords must respect privacy and may only use cameras as far as necessary for security or property protection. Tenants are entitled to information about which data is collected and how long it is stored. Courts balance protection interests and the right to privacy when interventions occur.[3]
What may be included in the house rules
- Notice of existing cameras and their purpose.
- Name of the person responsible and contact for information requests.
- Limitation to common areas, not private rooms or bathrooms.
- Information on retention periods and deletion practices.
Evidence documentation: practical steps
- Save photos and video files, include date and time in filenames.
- Create a log with date, time, location and a description of the incident.
- Name witnesses and note their contact details.
- Keep messages or written requests to the landlord.
Forms and deadlines
- Defect notice (informal letter): describe the intrusion, attach evidence and set a reasonable deadline for remedy; example: letter to landlord with photo attachments and a 14-day deadline.
- Application for an injunction: if there are acute impairments, you can apply to the competent court for urgent relief; check deadlines and requirements under the ZPO.[2]
- Claim at the local court (statement of claim): tenancy disputes are usually handled by the local court; submit documents, evidence and a clear claim.
Frequently Asked Questions
- When may the landlord install cameras?
- Only if there is a legitimate purpose, the surveillance is proportionate and no private areas are affected.
- Is an entry in the house rules sufficient?
- A mere entry is not sufficient if the measure unlawfully restricts privacy; it depends on purpose and scope.
- What should I document first?
- Immediately secure photos/videos, note date/time and inform the landlord in writing.
How-To
- Read the house rules and mark passages related to video surveillance.
- Secure evidence digitally and create a log with timestamps.
- Give the landlord a written deadline to respond (e.g. 14 days).
- Request information about purpose, responsible person and retention periods.
- If no solution arises, prepare a claim or an urgent application at the local court.
- Keep copies of all steps and contacts for the procedure.
