Visiting Rights in Dorms: Tenant Mistakes in Germany

As a tenant in Germany, it is important to clearly regulate visiting rights in dorms. Many residents underestimate deadlines, written approvals or the importance of documentation. This article explains in plain language which typical mistakes occur with visitor rules, which duties landlords and dorm operators have, and how you can act legally secure. We name relevant legal provisions, show practical examples and outline step by step how to collect evidence, communicate formally and prepare legal steps if necessary. This helps you keep your rights, avoid escalation and create a fair basis for visits without unnecessary risks.

What counts as visiting rights in a dorm?

Visiting rights include all situations in which residents receive guests. Dorms often have additional house rules or operator regulations alongside the rental agreement. In principle, §§ 535–580a BGB regulate the rights and obligations in the tenancy relationship^[1]. When interpreting contract points, BGH case law can be relevant^[3].

Typical mistakes and how to avoid them

• Ignoring deadlines: Do not react only after set deadlines, for example to operator requests.
• No written evidence: Missing photos, emails or visitor lists weaken your evidence.
• Not obtaining written permissions: Relying on assumed consent often leads to misunderstandings.
• Violating privacy: Entering rooms without authorization is legally problematic.

Concrete examples

Example 1: A resident regularly has overnight guests without agreement. The management refers to the house rules and demands cessation. Without written permission, the resident often lacks legal arguments. Example 2: Management suddenly requires visitor deregistration; without proof of prior agreements, evidence problems arise.

What to do before a formal complaint or lawsuit?

Check the rental agreement and the house rules carefully and secure evidence: emails, photos, witnesses. Use the rules of the Code of Civil Procedure (ZPO) for necessary court steps^[2]. First seek a discussion with management and propose a clear written agreement.

Forms and official steps

There is no single "visiting rights form", but the following templates and rules are relevant:

• Termination letter / written form according to § 568 BGB: Used when ending the tenancy; state date and contractual basis clearly. Example: "I hereby terminate the tenancy as of DD.MM.YYYY."
• Written complaint or cease-and-desist request: Specify date, content and desired action and document sending/receipt.
• Payment order / lawsuit: In escalation, the ZPO governs procedure; lawsuits are prepared before the competent local court.

Practical: Procedure in case of conflict

• Check: Read the rental agreement and house rules carefully.
• Document: Collect evidence on visiting times and communication.
• Contact: Seek discussion with management and propose written agreement.
• If necessary: Prepare a complaint or lawsuit at the local court (observe ZPO).

FAQ

Who decides in disputes about visiting rights?

Primarily the rental agreement and house rules govern details; in case of disputes the competent local court decides.

Do I always need written permission for overnight guests?

Not necessarily, but a written arrangement protects against misunderstandings and is crucial as evidence in disputes.

Which deadlines are important?

Response deadlines to formal requests and statutory notice periods in the BGB are decisive; respond as a rule within the stated deadlines.

How-To

1. Check the rental agreement and house rules for rules on visiting times.
2. Collect evidence: messages, photos and witness statements.
3. Hold a clarifying conversation and document agreements in writing.
4. Prepare, if necessary, a complaint or lawsuit and observe ZPO deadlines.

Help and Support / Resources

• Federal Ministry of Justice – guidance on tenancy law and templates.
• Gesetze im Internet – full texts for BGB (§§ 535–580a) and ZPO for formal steps.
• Federal Court of Justice – case law on tenancy issues.

1. [1] Gesetze im Internet – BGB §§535–580a
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof – Decisions