Entry with Notice Only: Tenant Mistakes in Germany

As a tenant in Germany, it is important to know what rights you have when a landlord requests entry and which mistakes to avoid. Many tenants are uncertain when landlords want to enter the apartment with prior notice: what counts as a reasonable deadline, which documentation helps in a dispute, and when legal action is appropriate? This guide explains the relevant rules from tenancy law in plain language, common pitfalls regarding privacy and access, and practical steps for tenant protection. You will receive clear guidance on deadlines, wording in letters and on securing evidence so you can assert your rights against the landlord reliably and legally. If needed, we also show how to use forms correctly.

What applies to entry with notice?

The landlord may not enter the apartment at will. Entry is only permitted for important reasons and usually only after prior notice, for example for repairs or scheduled viewings. As a tenant you are entitled to the protection of your privacy and to a reasonable deadline and justification of the notice.

Typical mistakes that lead to problems:

• Too short a notice period without specifying a concrete time or purpose.
• Allowing entry without checking the purpose or asking questions.
• Not objecting in writing or failing to set your own deadline in writing.
• Failing to take photos or notes to document incidents and defects.

Forms and evidence preservation

There is no uniform nationwide official form for entry notices; often an informal letter is sufficient. Important: state the purpose, date and possible alternative appointment briefly and keep a copy. In case of defects, send a written defect notice or set a deadline and document responses and appointments.

Practical example: You receive a notice "Repair on 15.05." Reply in writing proposing a specific time window or an alternative date and request a detailed justification. Attach a protocol or photos, if available.

Legal bases can be found in the German Civil Code (BGB) and the civil procedural rules for enforcing rights.^[1][2]

If entry is unlawful: steps for tenants

Act factually and with documentation. The most important steps are:

• Document every notice and entry: date, time, names and reason.
• Send a written request to cease or a formal objection within a few days with suggested alternative times.
• If rights are violated, consider court options at the competent local court (Amtsgericht) and seek legal advice as needed.^[3]

FAQ

May the landlord enter the apartment at any time with notice?

No. Entry is only permitted for a factual reason (e.g. repairs, meter readings) and should be reasonably announced.

What deadlines apply for notices?

There is no uniform statutory deadline for every situation; however the notice must be timely and specific. What is "reasonable" depends on the purpose.

What can I do if the landlord abuses entry?

Document incidents, demand cessation in writing, and seek legal advice or pursue claims at the local court if necessary.

How-To

1. Record immediately the date, time, names and reason for any announced or actual entry.
2. Send a written confirmation or objection within a few days with proposed alternative appointments.
3. Secure evidence: photos, messages, emails and name witnesses.
4. For ongoing disturbances, inform the local court (Amtsgericht) or seek legal counsel to discuss next steps.

Help and Support / Resources

• Local court (Amtsgericht): jurisdiction and contact
• Gesetze im Internet: BGB §§ 535–580a
• Gesetze im Internet: ZPO

1. [1] Gesetze im Internet - Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Gesetze im Internet - Zivilprozessordnung (ZPO)
3. [3] Justizportal - Information on courts (Amtsgericht)