When do I need original documents?

People often ask which documents should be kept in their original form and whether a scan is legally sufficient. Think rental agreements or business documents. We shed some light on the legal jargon.

Official correspondence

Numerous official letters or notices generated by machine without a signature can be stored digitally. For those who want the technical details: Section 37(5) of the Administrative Procedure Act (Verwaltungsverfahrensgesetz) allows for an exception where signatures and names can be omitted from machine-generated notices, meaning the administrative act remains valid.

Rental agreement: original or copy?

The law does not actually require a written form for residential rental agreements. Only if a contract is intended for a fixed term of more than one year must it be signed by hand. If not, it is considered to be for an indefinite period under Section 550 of the German Civil Code (BGB).

Put more simply, and often not widely known: if the agreement is not concluded in writing, it is not invalid. It can also be terminated by standard notice, but at the earliest at the end of one year after the residential premises have been handed over. This applies provided that the tenancy agreement was entered into without written form for a period of more than one year.

Nevertheless, most people will have a written rental agreement. The simple reason: it is easier to prove the terms of the agreement in the event of a dispute. However, there are no regulations preventing you from keeping your rental agreement as a scan. Furthermore, this does not constitute forgery or alteration that would be relevant under criminal law (Sections 267 et seq. of the Criminal Code), as you are not falsifying a genuine document nor intending to use it to deceive in legal transactions.

However, if you are involved in court proceedings regarding the tenancy (for example, concerning the lawfulness of a rent increase), you can initially submit a digital copy to the court as an annex to a pleading. This copy of the tenancy agreement is usually completely sufficient for the courts. Only if the landlord or opposing party disputes in the proceedings whether the scanned tenancy agreement is valid or asserts that the scan's content differs from the actual terms, would you need to present the original document (your signed copy) to the court. If doubts still remain after that, an expert handwriting analysis of the signatures would be required.

By the way: 💡 Do you know the difference between written form and text form? Our article explains it.

Business receipts or documents:

The situation is different when it comes to business receipts and records. If you run a business and receive an invoice by post, you must retain the original for up to ten years. However, you can also provide this to the tax authorities as a scan. The originals can only be requested in the event of an audit (tax inspection). Since several weeks' advance notice must be given for such an audit, you will have plenty of time to request the necessary original documents from your archives.

‍