May I take photos at the flat handover?
What you are allowed to photograph, and how to take photos that count as evidence later.
You are allowed to take photos at the handover, both when you move in and when you move out. Photograph rooms, not people, and do not secretly record conversations. Record the same spots at move-in and at move-out.
How to take photos at the handover
Photos count as proof in court when they are complete and it is clear when and where they were taken.
- 1
Be open about it
Say at the start that you are taking photos. That avoids an argument on the day.
- 2
Photograph every room
Take the walls, floor, ceiling, windows and doors. Include the cellar, the balcony and the hallway.
- 3
Take each mark close up and wide
Photograph every mark once close up and once in a wider shot, so anyone can find it in the room.
- 4
Keep people out of the picture
Wait until nobody is in shot. The photos are about the flat.
- 5
Do not record sound in secret
You can film the rooms. Only record a conversation if everyone agrees.
- 6
Keep the original files
Save the original photo files. Chat apps often shrink photos when you send them.
Why this matters
In court, photos count as evidence by inspection (§ 371 ZPO). The court is free to decide how much they prove (§ 286 ZPO). Photos show the most when the same spots are recorded at move-in and at move-out.
General information, not legal advice.
Frequently asked questions
Can the landlord stop me from taking photos at the handover?
No law gives the landlord the right to forbid photos, because the photos are about the condition of the flat you rent. Stay friendly, say the photos are only for your own records, and offer to share them.
Can I film the handover?
You can film the rooms. Only record a conversation with sound if everyone agrees, because secret sound recordings are a criminal offence (§ 201 StGB). If in doubt, turn the sound off.
Are phone photos enough as evidence?
Phone photos are admissible evidence (§ 371 ZPO). How much they prove depends on whether it is clear when and where they were taken, and whether there are photos of the same spot from move-in.
Also in this topic: How long to keep photos and the Übergabeprotokoll?Every deadline at move-in and move-out: tenant tableWho pays for an expert at the flat handover?All guides: Handover & viewings
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