Entry & Key Management for Tenants in Germany

Many tenants in shared flats do not know exactly how landlord entry or key management must be regulated and documented. In Germany there are certain duties for landlords—such as protecting privacy and announcing inspections—and rights for tenants, such as rejecting entry without a justified reason. This article explains in practical terms how shared flats create written consents, key handover records and entry protocols, which deadlines apply and which official legal bases are relevant. It shows how to use forms, which authorities are responsible and how to store evidence securely to avoid conflicts or to be prepared to appear in court. The guide lists concrete steps, sample forms and tips on how flatmates can protect their rights while communicating lawfully with the landlord.

What applies in shared flats?

In a shared flat several tenants share living space; nevertheless the tenancy relationship often remains legally between the landlord and the registered tenants. In principle, the landlord must allow use of the rented property but may not arbitrarily invade privacy. Many rules on this can be found in the German Civil Code (BGB).^[1] Procedural questions for court proceedings are governed by the Code of Civil Procedure (ZPO).^[2]

Rights and duties of landlord and tenant

The landlord must generally announce visits and state a legitimate reason (e.g. repair, viewing for re-renting). Emergencies (burst pipe, fire hazard) are exceptions, where immediate access is allowed. Tenants should give consent in writing and record key handovers.

Practical documentation: What to collect?

• Photos of damage with date and time and a short description.
• Record key handovers in writing: name, date, reason and signature.
• Written consents from the affected tenant for entry or key management.
• Note deadlines and appointments (e.g. repair notification deadlines or response times).

What an entry protocol should look like

A simple protocol is often sufficient. It should include the following points:

• Date and time of entry.
• Reason for entry (e.g. repair, reading the heating meter).
• Present persons (landlord, tradesperson, witnesses) with names.
• Short report of the result and signatures of the parties involved.

Forms and templates

There are no nationwide mandatory forms for entry or key management, but templates for termination letters, handover protocols or evidence collection can be helpful. Use official templates or guidance from the responsible authorities or courts for legal actions and always note who signed the protocol.

FAQ

Does the landlord always have to announce visits?

Yes, in general an announcement and a legitimate reason are required; in emergencies access may be immediate.^[1]

Can the landlord demand a spare key?

There is no general right to a spare key without agreement; key handovers should be regulated in writing to avoid misunderstandings.

How long should I keep documentation?

Keep receipts, photos and protocols at least until the case is resolved; for possible court disputes, retain them until a final decision is reached.^[2]

How-To

1. Collect evidence: photos, timestamps, witnesses and written reports.
2. Inform the landlord in writing (email or registered mail) about the issue and requested actions.
3. Arrange a written appointment for inspection or repair and record time and participants in the protocol.
4. If no agreement is reached, consider filing a claim or interim measures at the competent local court; check jurisdiction and procedure.^[3]

Help and Support / Resources

• BGB §§ 535–580a — Gesetze im Internet
• ZPO — Code of Civil Procedure (gesetze-im-internet.de)
• Federal Court of Justice (BGH) — Decisions

1. [1] BGB §§ 535–580a — Gesetze im Internet
2. [2] ZPO — Zivilprozessordnung (gesetze-im-internet.de)
3. [3] Bundesgerichtshof (BGH) — Decisions