Danger in Delay: Landlord Entry for Tenants in Germany

As a tenant in Germany, you may be unsure when a landlord may enter your apartment. "Danger in delay" is an important concept: it allows short-notice entry when immediate action is required, for example in the event of a burst water pipe or acute fire risk. At the same time, the law protects your privacy and requires landlords to act proportionately, observe deadlines, or give notice when possible. This text explains step by step which conditions apply, which deadlines must be observed, which official forms and courts are responsible, and how you as a tenant should react to protect your rights and avoid unnecessary conflicts. I provide official sources, sample forms and practical steps so you can act confidently without overlooking legal deadlines.

What does "danger in delay" mean?

"Danger in delay" describes situations where immediate intervention is necessary because otherwise significant damage to the apartment, third parties or the building may occur. Typical cases are a major water pipe burst, acute gas or fire danger, or damage that would quickly cause additional major consequential damage. In such cases, a landlord may act without the tenant's prior consent or request short-notice entry if sufficiently quick judicial intervention is not possible.^[1]

When may the landlord enter?

The landlord has obligations to maintain the rented property under the lease and the law; at the same time, they must not unreasonably infringe the tenant's privacy. Entry without consent is only justified if urgent dangers must be averted or if prior notice is impossible. In less urgent cases, the landlord must give notice periods or, if necessary, obtain a court order.^[2]

• Acute water damage requiring immediate action.
• Obvious fire or explosion risk.
• Risk to neighbors or the building (e.g., load-bearing elements).
• Short-term damage control when any delay increases harm.

Which deadlines apply?

There is no blanket statutory "emergency deadline" for all cases; the urgency of the situation is decisive. In routine cases, the landlord must set a reasonable deadline for carrying out work and announce entry. In the case of imminent danger to people or the building, the deadline is dispensed with because immediate intervention is necessary. For court measures such as eviction suits or other disputes, the deadlines of the Code of Civil Procedure and regional procedural rules apply.^[3]

• For planned work: written notice with appointment and duration.
• In acute danger: immediate entry without prior deadline.

How to document and report an emergency

Proper documentation and reporting help secure rights and avoid later disputes. Note the time, reason and participants, take photos or videos and inform the landlord in writing. Request a subsequent confirmation of the entry (date, time, reason).

• Take photos and videos of the damage and the intervention.
• Request written confirmation from the landlord.
• In case of danger, contact emergency numbers or the caretaker.

How to proceed in later disputes

If you consider the entry unjustified or damages are contested, collect evidence and first contact the landlord in writing. If no agreement is possible, the local court (Amtsgericht) is generally responsible for tenancy disputes; higher instances are the regional court (Landgericht) and possibly the Federal Court of Justice. Submit reminders, evidence and, if necessary, applications to the court in a timely manner.

• For legal action: inform the local court responsible for tenancy disputes.
• Keep evidence safe and organized chronologically.

FAQ

May the landlord enter without my consent?

Only in emergencies when danger in delay exists; otherwise the landlord needs your consent or a court order.

Must the landlord confirm the entry afterwards?

Yes, request a written confirmation with date, time and reason to document your rights.

Which court can I turn to?

For tenancy disputes, the competent local court (Amtsgericht) usually has initial jurisdiction; higher legal questions may involve regional and federal courts.

How-To

1. Document immediately: take photos, videos and note times.
2. Inform the landlord in writing and request confirmation of the entry.
3. In danger, contact emergency services or building management first, then the landlord.
4. If no agreement is reached, consider legal steps at the local court.

Help & Support / Resources

• Bürgerliches Gesetzbuch (BGB) §535 — Gesetze im Internet
• Federal Court of Justice (BGH) — Decisions on tenancy law
• Federal Ministry of Justice and Consumer Protection (BMJ)

1. [1] Bürgerliches Gesetzbuch (BGB) §535 — Gesetze im Internet
2. [2] Bundesgerichtshof (BGH) — Entscheidungen zum Mietrecht
3. [3] Zivilprozessordnung (ZPO) — Gesetze im Internet