May my landlord take photos of my flat?
When you have to allow photos, when you do not, and what is different at the handover.
The landlord usually needs your consent to take photos in the flat you live in. They can record specific damage at a legitimate appointment, but you do not have to allow listing photos. At the handover of the empty flat, both sides take photos.
When photos by the landlord are fine
It depends on the reason for the photos and on whether you still live in the flat.
- 1
Photos of specific damage
At an announced appointment, the landlord can record the affected spot, for example for the tradesperson.
- 2
Photos at a viewing
You usually have to allow a viewing after notice. Photos at the viewing need your consent.
- 3
Photos for a listing
You do not have to allow photos of the rooms you live in for a listing.
- 4
Photos that show people
Pictures that show you or your family cannot be shared without consent.
- 5
Photos taken without your knowledge
You do not have to accept photos taken while you are away or without notice.
- 6
Photos at the handover
When you move in and when you move out, both sides photograph the empty flat. Take your own photos too.
Why this matters
The lease gives you exclusive use of the flat (§ 535 BGB), and the flat is protected under Art. 13 GG. So you decide about photos of your private life. For the condition at the handover, both sides should have records.
General information, not legal advice.
Frequently asked questions
Can the landlord take photos at a viewing with prospective tenants?
The landlord can take photos at a viewing only with your consent. You usually have to allow the viewing itself after notice, but not photos of your furniture and private life.
Can the agent take listing photos while I still live there?
The agent cannot take listing photos against your will. You can agree, for instance after you have put personal things away, or you can refuse. The listing can then use a floor plan, for example, or photos taken after you move out.
What can I do if the landlord took photos without permission?
If the landlord took photos without permission, object in writing and ask them not to use the photos and to delete them. Publishing photos that show people without their consent is not allowed (§ 22 KunstUrhG).
Also in this topic: Water damage in a rented flat: who pays what?No Energieausweis shown? Your rights as a tenantDo tenants in Germany need liability insurance?All guides: Rights & duties
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