Weekend Photos & Videos: Tenant Rights in Germany

As a tenant in Germany, it often makes sense to document the apartment photographically or by video before and after the weekend, for example at move-in, move-out or in case of damage. Photos and videos help to clarify later disputes with the landlord because they prove the date, condition and extent of defects. Pay attention to complete shots, clear perspectives and secure storage locations. Observe legal limits such as third-party privacy and inform yourself about deadlines for reporting defects. This article explains in practical terms how to properly create evidence material on weekends, which forms and authorities are relevant, and how to securely link documents so that your rights as a tenant are preserved.

When are photo and video recordings allowed?

In principle, tenants may take photos and videos to document the condition of the apartment, provided that no third-party rights are violated and no unauthorized recordings of neighbors or private areas are made. For the duties of the landlord and tenant rights see the provisions in the Civil Code (BGB).^[1]

Practical tips for documentation

• Take wide shots of rooms: make overview photos of each room so that location and context are clear.
• Detail photos of defects: take close-ups of cracks, moisture, mold or damaged pipes.
• Secure date and time: use date stamps or reliable metadata to prove time and sequence.
• Video for overview and sound: short videos show the overall impression and noises (e.g. dripping water).
• Send documentation: send copies to the landlord by e-mail and keep a copy on external media.

Legal notes and deadlines

Report defects in writing without delay and keep evidence. For court actions such as an action for eviction or a claim for rent reduction, the rules of the Code of Civil Procedure (ZPO) apply.^[2] Relevant higher court decisions of the Federal Court of Justice (BGH) can provide interpretive guidance.^[3]

• Report defects within a reasonable period: report defects immediately, ideally within 14 days.
• Written form: formulate the defect notice clearly and document which deadline you set.
• Questions about necessary repairs: request a deadline for remediation and document the landlord's responses.

FAQ

Can the landlord demand deletion of photos?

The landlord cannot generally demand the deletion of evidentiary photos; if third-party privacy is affected, a balancing of interests is required. Keep only photos relevant to the tenancy case.

Do I have to inform the landlord before photographing?

For pure condition documentation in your own apartment, prior consent is not required, but inform the landlord if third parties are affected or a joint inspection is sensible.

Which forms are helpful?

Use standardized letters for defect notices and terminations as templates (e.g. samples from the Federal Ministry of Justice). For court actions, use the complaint forms available at the competent local court.

How-To

1. Create photos and videos systematically: make room overviews, detail shots and supplementary videos.
2. Secure date and time: check metadata or use visible date stamps.
3. Send written defect notice: send documents with photo evidence by e-mail or registered mail to the landlord.
4. Create backups: save copies on external drives and in the cloud.

Help and Support

• Civil Code (BGB) §535 ff. — Gesetze im Internet
• Code of Civil Procedure (ZPO) — Gesetze im Internet
• Federal Court of Justice (BGH) — Decisions

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1. [1] Gesetze im Internet — Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Gesetze im Internet — Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof — Decisions on tenancy law