Entry with Notice: Tenant Rights in Germany
As a tenant in Germany, you may often wonder when the landlord is allowed to enter your flat. Especially in shared apartments (WG), the issue is sensitive: privacy, keys and common areas affect multiple people. This text explains clearly and practically which legal rules under tenancy law apply, when an announced inspection is permitted, which deadlines and forms to observe, and how you as a tenant can use a checklist to protect your rights. You will receive concrete action steps, sample letters and guidance on documentation for possible disputes before the local court. The language is easy to understand and aimed at tenants without legal background. Practical examples make implementation easier.
When may the landlord enter the flat?
As a rule, entry without a compelling reason is not permitted. Typical permitted cases are urgent repairs, annual meter readings, legitimate viewings when the flat is to be re-rented, and emergencies. In shared flats, landlords should notify all affected residents and take common areas into account.
- Viewing with prior notice (entry): Viewings for re-letting or for prospective tenants are allowed if you are informed in good time.
- Urgent repairs (repair): In case of an acute water pipe burst or heating failure, the landlord or a tradesperson may enter immediately if there is danger.
- Meter reading or inspection (entry): Appointments for readings must be announced; refusal is only valid for actual obstacles.
- Court order or search (notice): Only with a judicial order or police measures is extraordinary entry possible.
Rights and obligations of tenants in shared flats
In a shared flat, each tenant has a right to undisturbed privacy in their own room. Common areas can be regulated differently among roommates, but landlords must still announce visits and obtain consent where appropriate. If you want to object to entry, document the reason, such as lack of announcement or missing consent from other roommates.
Practical checklist for tenants (WG)
- Photos and date (document): Record date, time and participants when an entry is announced or occurs.
- Request announcement (notice): Ask in writing for an announcement with date and purpose before allowing entry.
- Check emergencies (repair): Request proof of alleged emergencies if entry occurred without notice.
- Consider court action (court): For repeated unlawful disturbances, you can involve the local court.
Legal basis
The main statutory provisions on tenancy can be found in the BGB, in particular the provisions on duties and tenant protection.[1] For court proceedings, the Code of Civil Procedure (ZPO) applies.[2] The local court (Amtsgericht) is often responsible for tenancy disputes in the first instance; important precedents are decided by the Federal Court of Justice (BGH).[3]
Relevant forms and templates
There is no standardized nationwide "entry announcement form", but tenants commonly use template letters for objections or cease-and-desist requests. If the landlord continues to seek unlawful entry, a lawsuit may be filed at the local court; there are court forms and filing instructions on the justice portals of the federal states.
How-To
- Document every entry event with date, time and witnesses.
- Request a written announcement from the landlord (purpose, date, people involved).
- Verify whether a genuine emergency exists; request evidence if in doubt.
- Send a cease-and-desist letter if violations continue and collect evidence for potential litigation.
- Seek advice from a counselling centre or legal counsel in case of uncertainty.
FAQ
- May the landlord simply enter?
- No, generally not; entry is permitted only in specific cases such as emergencies, announced inspections or with your consent.
- Must the landlord inform all flatmates?
- Yes, for entry to common areas all affected tenants should be informed; for individual rooms the privacy of the respective resident applies.
- What can I do if the landlord repeatedly comes without notice?
- Document incidents, request a written cessation, and involve the local court if necessary.
Help and Support
- Gesetze im Internet (BGB, ZPO and other legal texts)
- Federal Court of Justice (BGH) – tenancy law decisions
- Federal Ministry of Justice – information and guidance
