Drones Over Private Property: Tenant Advice Germany

Many tenants in Germany experience situations where drones fly over private gardens, balconies or courtyards. As a tenant you have interests in privacy and the integrity of your living space; at the same time there are legal rules that govern flights, recordings and noise. This guide explains in plain language which rights tenants have, how to document incidents, when to inform the landlord and which authorities or courts are responsible. I describe practical steps, useful forms and deadlines so you can react safely without unnecessary escalation. Read on for step-by-step instructions, FAQs and pointers to official forms.

Legal framework

For tenants, the landlord's duties and the tenant's rights in the BGB are particularly relevant. Sections 535–580a of the BGB contain rules on maintenance, use and termination.^[1] In court proceedings, the Code of Civil Procedure (ZPO) applies to actions such as eviction claims or claims for damages.^[2] In addition, state data protection laws and aviation regulations can affect drone operators' behavior; but for concrete disputes the local court (Amtsgericht) is often responsible.

Common tenant mistakes

• Failing to take photos or videos that could serve as evidence.
• Not informing the landlord before taking legal steps.
• Missing deadlines for reporting or responding.
• Unlawfully entering another's property or interfering with the drone.

Practical steps

1. Document date, time, flight behavior and take photos or videos as evidence.
2. Inform the landlord in writing and describe the incident, damages and your request.
3. Set a reasonable deadline for clarification or removal (e.g. 7–14 days).
4. If necessary, report the incident to the police or public order office, especially for repeated or threatening flights.
5. Consider legal action at the competent local court (Amtsgericht); tenancy disputes are heard there.^[3]

FAQ

Can a drone fly over my balcony?

A flyover is not automatically illegal, but recordings of your private rooms may violate privacy; check the evidence and address the pilot or landlord.^[1]

When should I inform the landlord?

As soon as the drone repeatedly causes disturbance, damage occurs or photographic recordings violate privacy, inform the landlord in writing and attach evidence.

Which court is responsible for disputes?

Many tenancy disputes are handled by the local court (Amtsgericht); for higher claims or appeals, the regional court and possibly the Federal Court of Justice may follow.

How-To

1. Document the incident: note date, time, photos, and witnesses.
2. Send a written notice to the landlord and set a deadline.
3. Report to police/public order office if there is danger or repetition.
4. Consider pursuing the matter at the local court if there is no response.
5. Seek legal advice, e.g. from a tenants' association or a lawyer specializing in tenancy law.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Tenancy rules §§ 535–580a
• Code of Civil Procedure (ZPO) – court procedures
• Federal Court of Justice (BGH) – decisions and information

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1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Gesetze im Internet – ZPO
3. [3] Bundesgerichtshof – Informationen zur Gerichtsbarkeit