Access for Tradespeople: Avoid Errors for Tenants in Germany

As a tenant in Germany, you should know which rights and obligations apply when tradespeople need access. This text clearly and practically explains how to observe deadlines, organize access and secure evidence when work is scheduled or defects must be remedied. You will receive concrete action steps for written defect notices, setting deadlines and documenting appointments and damages. The guidance takes into account the relevant legal bases and names authorities where you can find support in case of a dispute. This helps you avoid typical mistakes that reduce your rights or escalate later conflicts.

What is the legal framework?

Landlords must maintain the apartment in a condition suitable for contractual use; this is regulated by the tenancy law provisions in the BGB.^[1] The rules of the Code of Civil Procedure apply to court proceedings; jurisdictions are often at the local court level in the first instance.

Access rights, deadlines and formalities

In principle, a landlord often needs tenant consent or prior notice for planned access. In emergencies (e.g., burst pipe), different rules apply and immediate action is permitted. For planned appointments, written notices with date, time window and purpose are recommended.

• Appointment notice: include at least date and time window.
• State the purpose: repair, inspection or access to the apartment.
• Documentation: record photos, date and names of the tradespeople.

Evidence preservation: what and how to document

Good evidence increases your chances in disputes. Photograph damages before and after the appointment, note time, names and tasks of tradespeople, and keep invoices and messages.

• Photos and timestamps: capture visible damages before and after work.
• Correspondence: archive defect notice and landlord responses.
• Witnesses: note neighbors or attendees with contact details.

Forms and official steps

For serious defects or refused access, formal letters may be necessary. Typical documents are the written defect notice and, if necessary, a warning with a deadline; for court proceedings use the complaint forms of the competent court.

• Defect notice (written): describe the defect, desired dates and set a deadline.
• Warning with deadline: demand remedy within a reasonable period.
• Court complaint: if needed, file a complaint at the local court.^[2]

When setting deadlines, be precise: date, time and concrete demand. Phrases like "remedy within 14 days" are common. Keep copies of all letters and document delivery receipts.

Dispute resolution and court proceedings

If a case goes to court, the local court usually decides in the first instance; higher courts such as the regional court and the Federal Court of Justice may be involved on appeal. Relevant BGH decisions often provide guidance on tenancy law questions.^[3]

• Local court: first instance for many tenancy disputes.
• Regional court/BGH: for appeals or fundamental legal questions.

FAQ

When may the landlord enter the apartment?

The landlord may enter in emergencies or with agreement; for planned appointments they should notify in advance and state the purpose.

What if I refuse access?

Explain your rights, document the refusal and send a written defect notice or deadline to the landlord if relevant.

How do I best preserve evidence?

Photographs with timestamps, written messages, invoices and witness statements are the key evidence items.

How-To

1. Step 1: Document the defect immediately with photos and notes.
2. Step 2: Send a written defect notice to the landlord with a deadline.
3. Step 3: If there is no response, send a warning or set the next deadline by registered mail.
4. Step 4: If disputes continue, file a complaint at the competent local court and present your evidence.

Key Takeaways

• Early and thorough documentation protects your rights.
• Observe formal deadlines and secure delivery receipts.
• Cooperative scheduling reduces conflicts.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
• Federal Court of Justice (BGH) — bundesgerichtshof.de
• Courts and procedures — justiz.de

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Courts and procedures — justiz.de
3. [3] Federal Court of Justice (BGH) — bundesgerichtshof.de