Drones over Private Land: Tenant Rights in Germany

As a tenant in Germany, unwanted drone flights over your property can raise questions about privacy, safety and tenant protection. This guide explains clearly and accessibly what rights and duties you have as a tenant, which legal bases apply and which practical steps you can take. You will find a checklist with concrete actions, notes on deadlines, a sample cease-and-desist letter and information on when a court should be involved. The language is intentionally simple; the goal is that you can quickly assess how to protect your privacy and at the same time initiate legally secure measures. At the end you will also find information on official forms and contacts of the local courts for tenancy disputes.

Rights and Duties as a Tenant

As a tenant you are entitled to protection of privacy and to undisturbed use of the rented rooms and the associated property. According to the regulations of tenancy law in the BGB, repeated intrusions or surveillance by third parties can constitute an impairment of the tenant's use and give rise to rights such as injunctions or rent reduction^[1].

Checklist: What Tenants Should Do

• Document every incident: date, time, photos or videos as evidence.
• Inform your landlord in writing and demand cessation; keep copies.
• Observe deadlines: respond within a reasonable period, such as 7–14 days, before considering further steps.
• Use a sample letter to request cessation and document the disturbance.
• Contact the competent regulatory authority or police for repeated incidents if danger or privacy violations occur.
• Consider court action at the competent local court if out-of-court measures fail^[3].

Sample Forms and Important Documents

For tenants, the following templates and legal references are particularly relevant:

• Termination letter / cease-and-desist request (informal possible) – use a written sample to document the disturbance and demand that it stop.
• Evidence log – collect and date photo and video evidence as well as witness statements.
• Court complaint form for civil claims (e.g., injunction or declaratory relief) according to the rules of the ZPO if out-of-court solutions fail^[2].

If you draft a sample letter, describe the incident specifically, attach evidence photos and set a deadline for cessation. Cite legal bases (e.g., invasion of privacy, disturbance of use under the BGB) and state that you will consider further steps.

FAQ

Can a drone fly over my garden property?

Flying alone is not automatically prohibited; however, repeated or targeted surveillance of private use can constitute intrusions into your privacy and give rise to injunction claims^[1].

Who should I inform first?

Document the incident and inform your landlord in writing. In case of danger or serious violation, contact the police or regulatory authority as well.

When should I go to court?

If landlord and authorities do not help and intrusions persist, a lawsuit at the local court may be appropriate; first assess costs, likelihood of success and alternative dispute resolution.

How-To

1. Observe and document the incident immediately with date, time and images.
2. Send an informal sample letter to the landlord requesting cessation and setting a deadline.
3. Contact the police or regulatory authority and file a report if there is an immediate threat.
4. If no solution occurs, consider filing a lawsuit at the competent local court or seeking legal advice.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Zivilprozessordnung (ZPO) – Gesetze im Internet
• Bundesgerichtshof – Decisions and information

1. [1] Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Bundesgerichtshof — bundesgerichtshof.de