Drones over Courtyard & Balcony: Tenant Rights Germany
Drones above courtyards and balconies are a new and often unpleasant issue for many tenants in Germany. As a tenant you have rights regarding photo or video recordings, disturbances from low-flying movements and risks to people or property. This guide explains in clear language which legal bases apply, how to secure evidence, when to inform the landlord or authorities and which civil or criminal steps are possible. The goal is a practical, step-by-step instruction for tenants who want to protect their privacy while acting in a legally secure manner.
Legal situation
Public airspace is not usually owned by individuals, yet criminal law protects intimate privacy against unauthorized image recordings. For tenancy relationships, obligations from the §§ 535–580a BGB[1] are also relevant, because disturbances by aircraft can impair the usability of the apartment. Specific rules for operating unmanned aircraft systems are set by aviation supervision; technical and operational questions are answered by the Federal Aviation Office (LBA).[2]
Concrete rights and duties
- Take and store photos or videos to document the incident (evidence).
- Notify the landlord in writing if frequent overflights reduce living quality (notice).
- Call the police or public order office in case of immediate danger and file a danger report (help).
- Protect privacy: unlawful recordings can be criminal and lead to civil claims.
When does criminal law apply?
If drones record private areas without consent, § 201a StGB may apply; it protects against image recordings of the highly personal sphere. In such cases a criminal complaint is possible and often sensible, especially if intimate areas were filmed.[3]
What tenants can do concretely
Act in a structured way: collect evidence, inform the landlord, consider civil claims and involve authorities where appropriate. Below is a practical procedure.
- Secure evidence: photos, videos, date/time, possible witness contact (evidence).
- Send a written notice to the landlord and set a deadline (notice).
- Inform police/public order office in case of danger (help).
- If disturbance persists, check whether rent reduction or injunction is possible (court).
Evidence tips
- Mark date and time clearly on photos/videos and secure original files (evidence).
- Create a short written timeline (who, what, how) and save it (notice).
- Record witness names and contact details in case statements are needed later (help).
FAQ
- Can a drone fly over my balcony?
- Single overflights are not automatically illegal, but targeted recordings of your private area can be legally challengeable; document the incident and inform your landlord or the authorities if necessary.
- Can I demand a rent reduction?
- If frequent overflights significantly impair the use of the apartment, a rent reduction may be possible; talk to the landlord first and seek legal advice.
- Who do I report illegal recordings to?
- In case of violation of the intimate sphere (§ 201a StGB) it is sensible to file a criminal complaint with the police; secure evidence beforehand with date/time.
- Which court do I contact in a dispute?
- For tenancy disputes the local Amtsgericht is usually responsible; higher instances are the Landgericht and ultimately the Federal Court of Justice (Bundesgerichtshof).[4]
How-To
- Review and secure all recordings and notes with date and time (evidence).
- Send a formal notice to the landlord with a deadline (notice).
- File a police report for unlawful recordings and submit your evidence (help).
- If necessary, apply to the Amtsgericht for an injunction or consider civil action (court).
Help and Support
- Luftfahrt-Bundesamt (LBA) – Information on unmanned aircraft systems
- § 201a StGB – Protection against recording in intimate areas
- BGB § 535 ff. – Rights and duties in tenancy law
