Photos as evidence: proving damage at handover
Which photos prove damage to a rented flat, and which show very little.
A photo only proves damage if you can show the same spot at move-in and at move-out. Photograph the whole flat at move-in and the same spots at move-out, and link each photo to an entry in the signed Übergabeprotokoll (handover record).
What makes a photo count as evidence
A single picture only shows that a mark is there. You prove damage by comparing move-in with move-out.
- 1
Photograph the whole flat
At move-in, photograph every room: walls, floor, doors, windows, bathroom and kitchen.
- 2
Include what is not damaged
An undamaged door on a move-in photo can later be your most important picture.
- 3
Use the same angle at move-out
At move-out, photograph the same spots from the same angle, so you have two pictures side by side.
- 4
Take a wide shot and a close-up
The close-up shows the mark. The wide shot shows where the mark is and how big it is.
- 5
Link each photo to an entry
Refer to the photo in the Übergabeprotokoll, for example “Bedroom door, crack bottom left, see photo 12”.
- 6
Get both signatures
Have both sides sign the Übergabeprotokoll and give the tenant a copy.
Why this matters
Under § 286 ZPO, the court decides freely whether it believes a claim. You must show that the damage goes beyond normal wear (§ 538 BGB) and happened during the tenancy.
General information, not legal advice.
Frequently asked questions
Do photos count as evidence in a German court?
Yes, photos count as evidence, and the court decides freely how much they prove (§§ 371, 286 ZPO). What matters is what the photos show and whether you can compare them with move-in.
Why do I need photos from move-in as well?
You need move-in photos because you must show that the damage happened during this tenancy, and that means comparing two points in time. Without move-in photos you can show the scratch, but not that the tenant caused it.
Is a close-up of the damage enough?
No, a close-up is usually not enough on its own. The close-up shows the mark, but only the wide shot shows where the mark is and how big it is. Take both, at move-in and at move-out, from the same angle.
Also in this topic: Deadlines at a change of tenant: landlord tableSmoking in a rented flat: what landlords may claim at move-outMove-in Übergabeprotokoll: what landlords should recordÜbergabeprotokoll for landlords: what goes in at move-out
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