Digital Home Communication: Tenant Rights in Germany
Digital home communication changes how landlords and tenants in Germany exchange information. Whether notifications via a building portal, smart doorbells or heating control: the tenancy relationship involves data protection, consent obligations and the question which information is binding. This guide explains in practical terms which rights tenants have, how to check consents, when refusal is possible and how to act legally if problems arise. Concrete examples show typical disputes and practical steps to enforce tenant rights, including notes on official forms and court responsibilities. The aim is to give you clear steps so you can use digital communication safely and enforce your claims in Germany. Read the practical examples and sample texts below.
What applies to digital home communication?
Digital home communication includes emails, building portals, apps, smart devices and operator IT. Fundamental obligations arise from the tenancy agreement and the statutory rules of the BGB: the landlord must maintain the rental property in an appropriate condition but must not interfere with privacy without legal basis.[1]
Data protection and consent
Personal data of tenants is particularly protected. Before owners or property managers deploy systems that process personal data, it must be checked whether there is a legal basis or an informed consent. If consent is missing, certain services may not be made mandatory.
What landlords may and may not do
Landlords may use technical systems if they do not cause unreasonable intrusions and usage is not made part of the contract without tenant consent. For intrusions into privacy (e.g., cameras in common areas that view apartment doors) stricter standards apply.
Tenants' rights and duties
Tenants are entitled to information, data protection and partly to objection rights against the use of certain services. In case of contractual violations, the right to rent reduction or the right to injunctive relief and damages under the BGB still apply.[1]
- Check deadlines: respond promptly to requests or information demands.
- Secure evidence: save messages, screenshots and contractual clauses.
- Request written consent: demand a clear, comprehensible consent statement.
Practical examples
Example 1 – Mandatory use of a building portal
Situation: The property manager requires that all operating cost statements be retrieved exclusively via a portal. Check: Is the portal data-protection compliant and is there an alternative for tenants without access? Action: Request written information on data processing and, if necessary, demand postal alternatives. If fundamental rights are violated, injunctive relief can be sought.
Example 2 – Smart heating control
Situation: The landlord installs room temperature sensors that create usage profiles. Check: Are personal data processed that allow conclusions about behaviour? Action: Demand purpose limitation, deletion periods and insight into processing; refuse blanket consent until these requirements are met.
How tenants enforce rights
Start with formal steps: After a written request to the landlord you can set deadlines, announce rent reduction or initiate legal steps. For court disputes, the Amtsgericht is competent in the first instance; higher instances are the Landgericht and the BGH for precedent-setting cases.[2]
- Send written reminders: set a clear deadline for remedy.
- Collect evidence: keep logs, photos and messages.
- Seek legal help: consult legal aid or a lawyer if needed.
FAQ
- When is consent required for digital services?
- Consent is required when personal data is processed and no other legal basis applies. Inform yourself about purpose, scope and retention of processing.
- Can I refuse to use a building portal?
- Yes, if use is unreasonable or data protection concerns exist. Alternative communication channels should be offered where appropriate.
- Which courts are competent for disputes?
- For tenancy disputes, local courts (Amtsgerichte) are usually competent in the first instance; appeals go to regional courts (Landgerichte), and the Federal Court (BGH) decides fundamental legal questions.[2]
How-To
- Inform: read contractual clauses and data protection notices carefully.
- Document: save all communications, screenshots and appointments.
- Draft: write a clear request for information or cessation.
- Set a deadline: give the landlord a reasonable period to remedy the issue.
- Consider court action: if the landlord does not respond, prepare a claim at the local court.[2]
