Access with Notice: Tenant Rights in Germany

Many tenants in Germany are unsure about their rights when a landlord wants to enter the apartment. This article explains clearly when entry with prior notice is permissible, what formal requirements landlords must meet, and which steps tenants can take if rules are not followed. I describe typical mistakes — such as missing deadlines, improper inspections, or unclear consents — and provide a practical checklist to help tenants protect their privacy and avoid disputes. The guidance is based on relevant legal provisions and shows how tenants should act in everyday situations. Read the checklist and note the date, time and any witnesses for each entry attempt.

When may the landlord enter the apartment?

Generally, the landlord needs the tenant's consent unless there is an emergency (e.g., water damage) or a contractually agreed exception exists. The duties of landlord and tenant arise from general tenancy law provisions (§§ 535–580a BGB).^[1] In practice this means announced inspections for repairs, modernization or handovers must be objectively justified and scheduled reasonably.

Typical landlord mistakes

• Unannounced entry without urgent reason, for example without phone or written notice.
• Vague or missing timeframes for the appointment, so tenants cannot plan.
• No written announcement for formal measures like major modernizations.
• No documentation of appointments, conversations or work performed after entry.

Checklist for tenants before and during announced entry

• Check the announcement: name, reason, date, exact time and expected duration.
• Set clear boundaries: entry only for the stated purpose and only with your presence or permission.
• Document: date, time, who was present, photos or notes about the situation.
• Ask for written confirmation by email or letter.
• Object in writing to inappropriate times and set a reasonable deadline for rescheduling.

What to do if the landlord violates the rules?

If landlords repeatedly demand entry without notice or without a valid reason, document each incident and ask them in writing to stop. In some cases an admonition or formal objection is appropriate; for terminations or court action there are templates and guidance from the Federal Ministry of Justice.^[2] The local court (Amtsgericht) handles tenancy disputes in the first instance; higher instances and the Federal Court of Justice resolve fundamental legal questions.^[3]

Anleitung

1. Document the incident immediately: date, time, description, witnesses and photos.
2. Send a written request to the landlord asking them to stop and give a deadline for resolution.
3. Seek advice from counseling centers or legal advice if no agreement is possible.
4. If necessary, file a claim at the competent local court; attach your documentation as evidence.

Häufige Fragen

Does the landlord always have to give notice?

Yes, as a rule visits must be announced, except in acute emergencies such as burst pipes or similar dangers.

What notice period is common?

Commonly at least 24 to 48 hours for viewings or repair appointments, but it depends on the reason and agreements.

Can I refuse entry?

Yes, if there is no important reason or the notice is incomplete; however, entry remains permissible in emergencies.

Hilfe und Unterstützung / Ressourcen

• §§ 535–580a BGB and other provisions
• Templates and information at the Federal Ministry of Justice
• Federal Court of Justice: decisions on tenancy law

1. [1] §§ 535–580a BGB — Gesetze im Internet
2. [2] Templates and information — Federal Ministry of Justice
3. [3] Decisions on tenancy law — Federal Court of Justice