Drones Over Balcony: Tenant Rights in Germany
Drones over courtyard and balcony can raise questions about privacy, safety and house peace for tenants in Germany. This article explains in plain language which rights you as a tenant have, when to contact the landlord or neighbors, and which official steps are possible. You will receive a practical checklist, tips for securing evidence and concrete forms that may be relevant in conflicts. The goal is to enable you to act: from reaching an amicable agreement to preparing a legal complaint at the local court. We name relevant laws such as the BGB and show which authorities and courts are responsible. Read the steps and examples to respond confidently.
What tenants should know
As a tenant you are entitled to protection against unlawful intrusions into your privacy and to use your balcony and courtyard without avoidable disturbances. Drone recordings that film into your apartment or onto your balcony can affect this protection; legal classification often depends on the BGB and general personality rights. In serious cases the local court is responsible if disputes or a lawsuit arise.[1][2]
Practical checklist: step by step
- Observe: Note date, time and behavior of the drone as well as potential recordings.
- Document: Take photos or a short video of the drone from a safe distance as evidence.
- Inquire: Calmly address the operator or leave a written request to stop the recordings.
- Inform landlord: Report repeated disturbances to the landlord and request mediation or measures.
- Observe deadlines: Set a reasonable deadline for compliance when issuing requests to cease.
- Authorities or police: If there is danger to persons or ongoing privacy violations, inform the police.
- Court action: If communication and mediation fail, a cease-and-desist action can be filed at the local court.
Forms and official steps
For formal procedures some official applications are relevant. Examples:
- Cease-and-desist request (own letter): not an official form, but can be used as a formal demand if recordings violate your privacy.
- Payment order/application (Mahnverfahren): Relevant if you claim provable damages from drone recordings and seek monetary claims; the payment order procedure starts with an application to the competent court.[3]
- Complaint form for the local court: For injunctions or damages, file the complaint at the local court following their filing rules.
Evidence preservation
Collect evidence systematically: date, time, witnesses, photos, videos and written communication. Such documents are important for discussions with the landlord or in proceedings before the local court.
FAQ
- Who is the first contact for drone disturbances?
- Try to speak directly and politely with the drone operator first; if that is not possible, inform the landlord or property management.
- Can drone recordings on the balcony be prohibited?
- Yes, if they infringe your legitimate privacy interests; in such cases a cease-and-desist demand may be justified.
- Which courts are responsible in disputes?
- For tenancy and injunction matters the local court is usually competent in the first instance; higher instances are the regional court and the Federal Court of Justice for fundamental legal questions.
How-To
- Observe and document: Collect date, time and evidence like photos or videos.
- Seek contact: Talk to the operator or neighbor and ask them to stop or discuss.
- Inform the landlord: Notify property management in writing and request support if needed.
- Formal request: Send a written cease-and-desist request with a reasonable deadline.
- Authorities or court: If it continues or there is danger, contact the police or file a complaint at the local court.
Help and Support
- BGB §535 – Gesetze im Internet
- Bundesgerichtshof – Official site
- Justizportal – Court procedures and forms