Proving Contractor Entry: Tenant Rights in Germany

As a tenant in Germany, you may sometimes face the question of how to prove a contractor's entry and which deadlines apply. This text clearly explains the rights and obligations tenants and landlords have under tenancy law, how to document entries, which deadlines you can set and when formal letters or the local court become necessary. I show you practical steps: which evidence (photos, appointments, witnesses) helps, how to properly word a deadline for carrying out repairs and which official forms and sections of the BGB are relevant. The goal is to enable you to act, limit damage and resolve disputes securely and within deadlines.

What counts as evidence for contractor entry?

Typical evidence includes dated photos, videos with timestamps, an entry log and written witness statements. The landlord's maintenance duties are regulated in §§ 535–580a BGB^[1], so it helps to organize your evidence systematically and secure it promptly.

Practical steps: documentation and deadlines

• Take photos with date and time.
• Record date and time in an entry log.
• Name witnesses (e.g. neighbors) in writing and secure contact details.
• Set a reasonable written deadline for repairs and notify the landlord.
• Document the deadline by registered mail or approved delivery.
• If the landlord refuses, check whether filing a claim at the local court is necessary.^[2]

Which forms and legal sections are important?

Key legal foundations are the landlord's duties in §§ 535–580a BGB^[1] and the procedural rules in the ZPO^[2]. Typical forms or templates tenants use include:

• Termination letter (template from the Federal Ministry of Justice) – when the tenancy must be ended; as an example include date, reason and clear delivery details.
• Reminder or defect notice in clear written form – example: deadline to remedy the defect with date and requested measure.
• Statement of claim for the local court – if judicial enforcement becomes necessary; procedural requirements of the ZPO and local jurisdiction apply.

Frequently Asked Questions

Can I photograph a contractor's entry?

Yes, as a tenant you may document the condition of the apartment and the time; however, pay attention to the personal rights of third parties.

Does the landlord have to give notice before contractors may enter?

No, for necessary repairs an announcement is usually sufficient; extensive entry rights are regulated in the BGB.^[1]

What deadline is reasonable before I take legal action?

That depends on the defect; in many cases 14 days is reasonable, for acute dangers courts often expect shorter deadlines.

How-To

1. Collect evidence immediately: photos, videos, timestamped records and witness statements.
2. Give the landlord a clear written deadline to remedy the defect.
3. Send the deadline by registered mail or use approved delivery methods.
4. If the landlord does not respond, file a claim at the local court or seek legal advice.^[3]

Key Takeaways

• Documentation is the most important evidence in disputes about contractor entry.
• Setting deadlines and serving them correctly protects your rights as a tenant.
• Many tenancy disputes are decided at the local court.

Help and Support

• BGB online (gesetze-im-internet.de)
• ZPO online (gesetze-im-internet.de)
• Federal Court of Justice (BGH)

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof – Decisions and Information