Imminent Danger: Evidence for Tenants in Germany

If a landlord claims "imminent danger" to enter your flat without consent or has already acted, tenants often face practical and legal questions. In Germany both parties have rights and duties: the landlord must prevent damage, and you as a tenant have a right to privacy and documented procedures. This text explains which pieces of evidence tenants should collect when absent, how to record damage and unauthorized entry, and which official steps may follow — from reporting to the police to filing a lawsuit at the local court. I also explain which official forms are used and where to find templates.

What does "imminent danger" mean for tenants?

"Imminent danger" describes a situation where immediate action is necessary to avert considerable damage. For tenants this means: a landlord may only act within narrow limits and only to the extent necessary to prevent damage. At the same time, rights to informational self-determination and data protection remain. Which duties the landlord specifically has is guided among other things by the rules on the tenancy and maintenance obligations in the German Civil Code^[1].

Which evidence should tenants secure?

• Photos and videos of the door, lock, frame and any visible damage.
• Date and time stamps (photos with time, device logs or email timestamps) to establish timing.
• All messages, emails or written exchanges with the landlord, property manager or service providers.
• Statements from neighbors or family who can confirm presence or noises.
• Invoices and receipts (for locksmiths or craftsmen) documenting paid interventions.

Immediate steps after unauthorized entry

• Take photos and videos immediately, describe situation and damages.
• If there is visible damage or suspicion of trespass, call the police and have a report created.
• Change locks or secure temporarily only with documentation via invoices and photos.
• Send a written defect notice to the landlord and set a reasonable deadline for a response.
• Collect witness names and contact details immediately.

Forms and official guidance

There is no uniform federal "tenant form" for every step, but helpful templates and guidance are available on official justice and law websites. Useful items include example defect notices, written termination or objection templates and model complaint drafts (e.g. for eviction suits). Keep every sent message and form as a copy and note date and method of sending^[3].

Court procedures and jurisdiction

In case of escalation, the local court (Amtsgericht) is the first instance for most tenancy disputes and later the regional court (Landgericht) may be involved; higher legal questions can reach the Federal Court of Justice. Procedural rules for lawsuits and evidence collection are in the Code of Civil Procedure^[2]. For eviction cases and urgent enforcement measures, special deadlines and provisional remedies may apply; consult legal provisions and relevant Federal Court decisions^[4].

FAQ

Can my landlord enter my home during my absence because of imminent danger?

Yes, but only if there is an actual immediate danger and the intervention is necessary to avert damage; every intervention should be documented.

Which evidence is most helpful in court?

Photos with timestamps, written message exchanges, police reports, invoices from service providers and written witness statements are especially useful.

Where do I file a lawsuit if the landlord acted unlawfully?

Lawsuits for rent defects or damages are usually filed at the competent local court; check local jurisdiction and deadlines.

How-To

1. Document immediately: secure photos, videos and timestamps.
2. File a police report if there was unauthorized entry or damage.
3. Send a written defect notice to the landlord and set a deadline for response.
4. Collect receipts, witness statements and make multiple copies.
5. Consider filing a claim at the local court or seek legal advice.

Key takeaways

• Thorough documentation is crucial for court success.
• Written communication creates clear evidence and deadlines.
• The local court is typically the first contact for disputes.

Help and Support

• Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
• Gesetze im Internet – Zivilprozessordnung (ZPO)
• Bundesgerichtshof (BGH) – Decisions and Guidance

1. [1] Gesetze im Internet – Bürgerliches Gesetzbuch (BGB)
2. [2] Gesetze im Internet – Zivilprozessordnung (ZPO)
3. [3] Justizportal – Forms and Guidance
4. [4] Bundesgerichtshof (BGH) – Decisions