Visitor Rights for Tenants in Germany
In dormitories, visitors can cause conflicts between tenants and administration. This guide explains for tenants in Germany in plain language which rights and obligations apply to visitor rights, how to regulate visits, which clauses in the lease are relevant and when an administration may prohibit visits. You will find practical steps for documenting visits, sample notes for communication with the administration and guidance on enforcing rights at the local court. The aim is to resolve conflicts fairly and avoid unnecessary escalation. The language remains simple and practical, so tenants without legal background can confidently plan the next steps. Read on for concrete templates and deadlines.
Besuchsrecht im Wohnheim
Visitor rights are not a separate law but arise from the lease and the landlord's general duties under the German Civil Code (BGB), for example regarding use of the rented premises and consideration for neighbors.[1] In dormitories, house rules often apply that can regulate visiting hours or registration obligations. Important: restrictions must be clearly stated in the lease or house rules and must not be disproportionate.
Rights and duties of tenants
Tenants generally have the right to receive visitors as long as the contractual use of the apartment is not disturbed. At the same time, visitors are responsible for damages and must observe the house rules. If the administration issues a general ban on visitors, first check the lease and house rules in writing and request a justification.
Practical steps: How to react
- Write a short notice or information letter to the administration and request the specific legal basis (example: "Please state the contract clause that prohibits visits") (form).
- Document visiting times, names and possible disturbances with dates and photos or witnesses (document).
- Speak with the building management first; propose solutions such as visiting hours or temporary rules (contact).
If the administration threatens legal steps
If the administration threatens termination or eviction, the civil procedure concerns the Civil Procedure Code (ZPO). In disputes the local court often decides; it is worthwhile to respond within deadlines and, if necessary, seek initial legal advice or tenant counselling.[2]
Forms and templates
There is no specific "visitor rights form number", but useful templates include a formal information letter to the administration (sample correspondence) and a defect notice or objection letter. Sample texts and guidance can be found on official sites such as the Federal Ministry of Justice and Consumer Protection to model your phrasing. Sample termination and wording guidance are useful if a termination threat occurs.
FAQ
- Can the administration ban visitors completely?
- The administration can only ban visits completely if there is a clear contractual basis or a compelling safety or health situation; blanket bans without basis are usually not permitted.[1]
- Do I have to register visitors?
- Only if this is expressly stated in the lease or house rules. A subsequent unilateral registration requirement by the administration is problematic without contractual basis.
- Where to go if eviction is threatened?
- Contact the competent local court or seek legal advice; deadlines from the ZPO must be observed.[2]
Anleitung
- Check your lease and house rules in writing for provisions on visits and overnight stays (form).
- Keep continuous documentation of visiting times, communications and any complaints (document).
- Contact the administration in writing with a clear deadline for a response (contact).
- If necessary, prepare a defense or response for the local court and observe ZPO deadlines (court).
Help and Support / Resources
- German Civil Code (BGB) § 535 ff.
- Civil Procedure Code (ZPO) - procedural rules
- Justice portal: competent courts and contacts
