Emergency Access: Tenant Rights in Germany
As a tenant in Germany, the situation “Gefahr im Verzug” (danger in delay) can occur when immediate action is necessary — for example, burst pipes, acute fire risk, or major heating failures. In such cases a landlord may, under defined conditions, demand access to the apartment or arrange measures by third parties. This article explains in clear, practical terms the legal prerequisites, how to handle deadlines, evidence preservation and documentation, which official forms and contacts are relevant, and how to protect your privacy. The information is based on German tenancy law and includes references to authorities, courts and official forms so tenants can assert their rights confidently. Read on.
What does "Gefahr im Verzug" mean?
“Gefahr im Verzug” describes a situation where immediate action is required because significant damage or danger to persons would otherwise occur. Typical examples are an imminent burst pipe, acute fire risk, or a gas leak. In these narrow exceptional cases the landlord or an appointed specialist company may act without a prior court order.[1]
In acute danger, immediate measures can be justified.
Legal prerequisites
For access or measures to be lawful, the conditions of German tenancy law must be met: the danger must be demonstrable and imminent, less intrusive alternatives must be unavailable, and the intervention must be proportionate. Legal bases are found in the BGB and in procedural rules of the ZPO.[1] [2]
Important forms
- Lawsuit form (eviction) — form at the competent local court; relevant if a landlord files for eviction or you must file a response (example: landlord files eviction for alleged breach).
- Application for interim injunction or other procedural applications under the ZPO — used when immediate court protection is required (example: immediate stop of harmful measures by third parties).[2]
What tenants should do
- Document damage immediately with photos, dates and witnesses.
- Inform the landlord in writing and request measures or a response.
- Observe deadlines and respond within set timeframes to avoid losing rights.
- In an emergency call emergency services and prioritize your safety.
Keep all messages and receipts organized in one place.
FAQ
- Can the landlord enter without consent?
- Only in narrow exceptional cases of danger in delay and when no milder means are available. It is important to document actions and, if necessary, have them legally reviewed.[1]
- What deadlines apply to tenant responses?
- Deadlines depend on the individual case; procedural rules of the ZPO apply for court actions and applications, so pay close attention to deadlines.[2]
- Where can I turn if the landlord acts abusively?
- Usually to the competent local court or local authorities; legal action and advice proceed via the responsible court.[4]
How-To
- Document the damage immediately (photos, date, witnesses).
- Notify the landlord in writing and set a reasonable deadline.
- Call emergency services if danger is imminent and ensure personal safety.
- Gather documents and, if necessary, have the local court review possible claims.
Help and Support
- German Civil Code (BGB) — Gesetze im Internet
- Federal Court of Justice (BGH) — Decisions
- Information on courts and jurisdictions
