Emergency Entry in Shared Flats: Tenant Rights Germany

Many tenants in shared flats face the question of what to do when an acute damage requires immediate action — for example a burst pipe, a gas smell, or a serious fire risk. In Germany, special rules apply to "danger in delay" (Gefahr im Verzug): landlords may only enter the apartment or order measures under narrow conditions. This article explains when danger in delay exists, what rights and obligations tenants have, how to secure evidence, which deadlines to observe and which courts are competent. I also name official forms and show an example of how to draft a written notification to the landlord.

What is "Gefahr im Verzug" in shared flats?

"Gefahr im Verzug" exists when substantial damage or danger to persons or the dwelling is likely without immediate intervention. Typical WG cases include an acute burst pipe, an open fire source, strong gas odor or imminent collapse risk. In such cases the landlord or an appointed craftsman may act if prior consent cannot be obtained in time. It is crucial that the measure remains proportionate and does not interfere more than necessary.

Practical steps for tenants

• Immediately secure photos, videos and witness statements as evidence^[1].
• Notify the landlord or property manager immediately in writing and by phone and document contact attempts.
• Allow only necessary repair measures and demand an invoice or report about the carried-out work.
• Request a written confirmation afterwards from the landlord explaining why danger in delay was assumed.

Evidence and documentation

Good documentation increases your chances of success in any later dispute. Note dates and times, save photos and videos in original quality and record witness names. Request invoices and reports and copy all messages.

When may the landlord enter themselves?

Unauthorized entry is generally prohibited. In cases of danger in delay, however, entry is possible if it is not feasible to obtain consent quickly and significant damage would occur without entry. The measure must be proportionate — that is: as little intrusive as necessary.

Court steps and deadlines

If clarification of rights is needed, rental disputes are usually brought before the local court (Amtsgericht); higher courts are the regional courts and the Federal Court of Justice. Rules of civil procedure apply to eviction suits and damage claims^[2]. Respond promptly to letters and observe short deadlines to preserve your rights.

FAQ

When exactly does "danger in delay" apply?

Danger in delay exists when substantial property or personal damage is likely without immediate intervention; the concrete assessment depends on the individual case.

May the landlord enter the apartment if occupants are absent?

Only in narrow exceptional cases with danger in delay or if an express permission exists; otherwise entry is not permitted.

Which authorities and courts are competent?

For tenancy disputes the local court is usually competent; regional courts or the Federal Court of Justice decide on fundamental legal questions.

How-To

1. Assess the danger quickly: Is immediate action required to protect people or the dwelling?
2. Call the landlord, send an immediate written message and document contact attempts.
3. Secure photos, videos, timestamps and witness names as evidence.
4. If damage occurred, consider legal steps at the local court and collect all invoices and reports for a possible lawsuit.

Help and Support / Resources

• [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
• [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
• [3] Federal Ministry of Justice and Consumer Protection — forms and guidance

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Federal Ministry of Justice and Consumer Protection — forms and guidance