Refuse Tradesperson Access: Tenant Rights in Germany
Many tenants in Germany wonder when they may lawfully refuse tradespeople access to their apartment. This article explains clearly and practically what tenant rights exist, how much notice landlords must give, what repair duties apply and when privacy takes precedence. You will learn how to refuse in writing, which deadlines and rules of evidence matter, and which courts are competent in disputes. The guide contains wording suggestions, examples and notes on which official laws and forms to check so you can respond more confidently without unnecessarily losing rights.
What applies legally?
The landlord has a duty under the German Civil Code to maintain the rental property in a condition suitable for contractual use; at the same time the landlord may not arbitrarily intrude on the tenant's privacy. Specifically, §§ 535–538 of the BGB regulate rights and obligations regarding repairs and landlord access to the dwelling.[1]
Which rights do tenants have?
- Check the announced time and deadline for access.
- Request a written notice stating the purpose, date and the tradesperson's name.
- Protect your privacy: limit rooms or request accompaniment by a witness.
- Document damage, times and photos as evidence for later disputes.
- Contact the property management or a legal advisor if unsure.
When may you refuse?
An immediate and general ban on access is only possible in narrow limits, for example if the measures are not urgent or the announcement is insufficient. However, in cases of imminent danger the landlord may act without prior consent. If in doubt: refuse access only in writing with reasons and supporting photos to preserve later claims.[1] In legal disputes, local courts (Amtsgerichte) are usually competent; procedural rules are found in the ZPO.[2]
Practical steps for tenants
- Note the date, time and purpose of the announced works.
- Ask for a written notice and a clear scope of work.
- Secure evidence: photos, messages and witnesses to document the condition before and after access.
- Propose alternatives such as a different appointment or presence of a trusted person.
- Seek legal advice if a landlord repeatedly behaves unreasonably.
FAQ
- Can I always refuse tradespeople access?
- No. For urgent repairs or imminent danger the landlord can usually demand access; for ordinary maintenance proper advance notice is required.
- How do I phrase a written refusal?
- State the date, reason for refusal clearly and request a specific written announcement or an alternative appointment.
- Which court do I turn to in a dispute?
- Tenancy disputes are typically heard at the competent local court (Amtsgericht); higher instances include regional courts and the Federal Court of Justice.
How-To
- Check the announced deadline and whether there is an urgent reason.
- Send a written refusal or a request for clarification of the notice.
- Document time, message text and evidence such as photos and witnesses.
- Contact property management, tenant advice or your legal insurance for guidance.
- If necessary, prepare legal action and check forms and procedures at the local court.[3]
