Photos as evidence: what counts at the handover
Why you need photos at the handover, and which ones help.
Yes, photos count as evidence. Photograph the whole flat, every room from several angles, not only the damage. Photos help most together with a signed Übergabeprotokoll (handover record).
Which photos help at the handover?
The court looks at what your photos show. So show the whole flat, not just a few marks.
- 1
Every room, wall by wall
Photograph every room wall by wall, plus the floor, ceiling, windows, doors and appliances.
- 2
Several angles
Take each room from more than one side, so every corner is in a photo.
- 3
Hidden spots
Include the floor behind the door, the inside of the oven and the wall behind the wardrobe.
- 4
Photos plus the Übergabeprotokoll
The signed Übergabeprotokoll says what both sides agreed on. The photos show it.
Why this matters
Photos are ordinary evidence, and the court is free to decide how much they prove (§§ 371, 286 ZPO). Photos of the whole flat show much more than a few close-ups.
General information, not legal advice.
Frequently asked questions
Are photos enough as evidence at the handover?
Photos are evidence, and the court is free to decide how much they prove (§ 286 ZPO). Photos of the entire flat, every wall and every corner from several angles, together with a signed Übergabeprotokoll, give you a much stronger record than a few single photos.
Do photos count if I take them at move-out?
Yes. Photos taken at move-out show the condition of the flat on the day you hand it back. That is the record you need if the landlord later claims damage and wants to keep part of your Kaution, so take them every time.
What do I do if the landlord sends damage photos after I move out?
This is why a complete record matters. If you photographed the whole flat at move-out, every room from several angles, you can show how each spot looked on the day you handed it back and check whether the mark in the landlord's photo was there. Reply in writing, spot by spot. BildProof scans the whole flat room by room and adds an EU timestamp, so your record is complete and dated.
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?No Übergabeprotokoll at move-in: what tenants can do nowAll guides: Handover & viewings
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