Visitation Rights in Homes: Tenants & Guests in Germany

Many tenants in Germany wonder which rules apply to visitors in residential homes, especially in special housing forms such as assisted living or residences with communal areas. This article answers common questions about visitation rights in residential homes, explains what rights and duties tenants have, how house rules and care contracts operate, and when management may restrict visiting hours. I show which deadlines must be observed, which official forms and sample letters are available, and how to proceed if management denies visits. The aim is to give you clear, practical steps so you can represent your interests as a tenant in Germany factually and with legal certainty. The language remains clear and practical.

What does visitation right mean in a residential home?

The visitation right refers to the ability to receive guests in the rented apartment or in communal areas of the residential home. It is not an absolute right: tenants are caught between privacy, protection of other residents and the house rules. Legal bases for the tenancy relationship and the obligations of landlord and tenant can be found in the German Civil Code (BGB). ^[1]

Rights, duties and deadlines

• Visits are generally permitted as long as they do not violate the house rules or legitimate safety and hygiene regulations.
• Short, occasional visits are treated differently than permanent admission of guests (keyword: unauthorized subletting).
• Regular longer-staying guests should be reported within reasonable deadlines; clarify "within" 48 hours for longer stays if the house rules require it.
• Observe contractual clauses and forms (Formular) in the care contract or house rules; they often regulate visiting times and conditions.

Forms, templates and concrete steps

Important official documents and forms useful in disputes include guidance on the tenancy agreement and sample letters for complaints or objections. A commonly used example is a termination letter template or a complaint letter to management (sample from the Federal Ministry of Justice). ^[4] For court-related steps such as an eviction suit, the Code of Civil Procedure (ZPO) is decisive. ^[2] Example of how to write a short complaint letter: describe date, time, names of those involved, concrete incidents and the remedy you seek (e.g. reversal of a visitation ban). State deadlines and indicate that you will consider legal action if necessary.

FAQ

Can management completely ban visits?

A blanket, permanent ban on visitors is usually disproportionate; restrictions are only permissible if they protect legitimate interests (safety, health) and are proportionate.

Do I have to register guests?

That depends on the tenancy agreement and house rules; in assisted living special housing forms, registration obligations or visiting hours are often specified.

What can I do if a visit is denied?

Document the incident and communication, request the management in writing to lift the ban, and consider legal steps at the competent local court.

How-To

1. Check the tenancy agreement, house rules and care contract for forms and clauses that regulate visits.
2. Document the incident with date, time, witnesses and evidence such as photos or messages.
3. Contact management in writing, request a justification and set a deadline for clarification.
4. If unresolved, consider legal action before the competent local court and present your documentation.

Help and Support

• BGB info: Tenants and landlords rights
• ZPO info: Civil procedure rules for eviction cases
• Federal Court (BGH) – selected decisions

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof – Entscheidungen
4. [4] Bundesministerium der Justiz – Formulare