Contractor Access: Tenant Rights in Germany
What are your rights as a tenant?
Landlords have maintenance duties under German tenancy law, so access for necessary repairs may be permitted. Relevant rules are in the BGB (e.g. maintenance obligations).[1]
When can a landlord send contractors?
Generally: emergencies, agreed appointments and legitimate maintenance work allow access. The landlord must respect notice periods; short-notice access without reason is not permitted.
- Emergencies (e.g. heating failure, burst pipe) usually justify immediate repair access.
- Planned repairs should be announced with reasonable notice (appointment, deadline or time window).
- For scheduled work tenants often request written notice or a form stating date and reason.
- Privacy and protection of the dwelling apply: landlords may not enter without justification or enter other rooms.
How to secure evidence?
Documentation helps: note date, time, contractor name and purpose; take photos or short videos of damage before and after; save messages and emails.
- Photos and videos (evidence) of damage and repaired areas, with timestamps when possible.
- Correspondence: keep copies of announcements, invitations and landlord replies.
- Record deadlines: when access was announced, which date was given, was the deadline met?
- Witnesses: note neighbors or present persons who can confirm access or condition.
What to do in serious conflicts?
If the landlord forces unlawful access or misses deadlines, notify the landlord in writing and set a reasonable deadline to remedy. If no agreement follows, tenancy legal steps are possible; the local court (Amtsgericht) handles many tenancy disputes and civil procedure rules apply under the ZPO.[2]
For complex legal questions or conflicting claims, Federal Court (BGH) case law may be relevant; check decisions when precedent matters.[3]
For template letters and guidance on claims or forms, use official forms and notices from the Federal Ministry of Justice or your local court.[4]
Frequently Asked Questions
- 1. Must I allow contractors immediate access?
- No, only in an emergency or for a contractually agreed appointment is immediate access justified; otherwise reasonable notice is required.
- 2. What counts as sufficient proof of damage?
- Photos, videos with timestamps, written messages, invoices and eyewitnesses are good evidence.
- 3. Which court should I approach for disputes?
- The competent local court (Amtsgericht) handles most tenancy disputes; higher-value cases may go to the Landgericht.
How-To
- Document damage and notices immediately (photos, videos, emails).
- Send a formal request to the landlord and set a deadline to resolve the issue.
- Collect witnesses and evidence; note names and contact details.
- If no agreement is reached, consider local court action or seek legal advice.
Help and Support
- [1] Bürgerliches Gesetzbuch (BGB) §535
- [2] Zivilprozessordnung (ZPO) - Statutes
- [3] Federal Court (BGH) - official site
- [4] Federal Ministry of Justice (BMJ) - forms & guidance