Key Management for Tenants in Germany (Shared Flats)

As a tenant in a shared flat in Germany, it is important how keys are managed and how access is regulated. This guide explains how to document key handovers, record consents of flatmates and reasonably limit landlord access. You will get clear steps to create a handover protocol, notes on data protection and evidence storage, as well as practical wording for written permissions or objections to the landlord. If disputes arise, read which courts are competent and which legal bases apply ^[1]. At the end you will find a sample protocol and instructions on how to respond to an unlawful entry. We also explain how to date handovers and document them with witnesses to avoid later disputes.

Key management and access

Who has access to keys is often governed by the tenancy agreement and internal flat rules. The landlord may not demand access to the flat without the consent of affected tenants; special exceptions apply in urgent emergencies. The rules of tenancy law are particularly relevant ^[1].

Practical documentation steps

• Record the key handover in writing (record): date, time, names of all parties, which key was handed over and the condition of the door.
• Take photos (photo): exterior view, lock and any damage.
• Note witnesses or ask them to sign the protocol (record, witness).
• Keep copies of the agreement and send to responsible parties (document, save): email the protocol with receipt confirmation.
• For unauthorized entry, immediately note date and time and secure evidence (record, log).

What to do in disputes?

If a landlord demands access without legal grounds or distributes keys without agreement, collect evidence such as protocols, photos and messages. Contact the competent local court if necessary; civil procedures follow the rules of the ZPO ^[2]. Often a written objection or cease-and-desist request helps first.

FAQ

Can the landlord enter the flat without notice?

Generally no. Except in emergencies or where contractually agreed, access without prior notice is not permitted. Rights and obligations arise from tenancy law and must be examined case by case ^[1].

Do I as a flatmate have to agree if someone receives a key?

Yes, ideally key handovers in shared flats should be documented by all affected parties or explicitly agreed to avoid misunderstandings.

How do I document an unlawful entry?

Note date and time, take photos, collect witness statements and send a formal request to the landlord. If necessary, prepare documents for court (ZPO) ^[2].

How-To

1. Fill in the protocol (form): create a handover record with date, names, key type and signatures.
2. Secure evidence (photo, record): take photos and keep messages or emails.
3. Add witnesses (witness): have an independent person sign or name a confirming contact.
4. Respond formally (form): send a written cease-and-desist request in case of unlawful entry and document the dispatch.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) — gesetze-im-internet.de
• Zivilprozessordnung (ZPO) — gesetze-im-internet.de
• Bundesministerium der Justiz (BMJ) — templates and guidance

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1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) — gesetze-im-internet.de
3. [3] Templates and guidance — Bundesministerium der Justiz (BMJ)