Keys in Shared Flats: Tenant Rights in Germany
Many tenants in Germany live in shared flats and wonder how to handle key management, especially when individual flatmates or the landlord request access. This text explains in practical terms what rights tenants have, when you may refuse to hand over keys and what duties landlords and flatmates have. We describe typical conflict situations, which evidence helps and how to respond formally, for example by written refusal or by involving the local court. At the end you will find a step-by-step guide, answers to frequently asked questions and official contact points in Germany so you can protect your privacy and act with legal certainty. The guidance is based on relevant BGB provisions[1] and on court procedures so you can make informed decisions.
What does key management in shared flats mean?
Key management refers to who has physical access to the flat, who holds spare keys and how access rules are agreed. In shared flats both flatmates and landlords may have reasons to access, such as urgent repairs or safety concerns. The decisive factor is whether access is necessary, proportionate and legally justified.
When may tenants refuse to hand over keys?
- Unauthorized access (entry): When the landlord or a flatmate repeatedly requests access without a legitimate reason.
- Privacy concerns (privacy): When handing over keys would endanger personal security or private areas of life.
- No legal basis (legal): When there is no agreement in the tenancy contract and no statutory right.
Formal steps when refusing
- Written refusal (notice): Draft a clear message to the landlord and flatmates with a brief reason.
- Collect evidence (evidence): Take photos, save messages and note witnesses.
- Observe deadlines (deadline): Respond within statutory or contractual time frames to avoid disadvantages.
If it escalates
Remain factual: request written instructions and check whether the landlord can assert a right to enter for urgent repairs. For repeated or unlawful demands you can involve the local court[2], especially for eviction or injunction claims.
FAQ
- Can the landlord require that all flatmates hand over keys?
- No, not blanketly. The landlord must have a concrete legal reason; otherwise tenants can refuse to hand over keys.
- What happens if I refuse and the landlord sues?
- The local court decides on the legal situation; present your documentation and evidence.
- Is there a template form for written refusals?
- There is no mandatory uniform form, but a sample "termination letter" or written statements from the BMJ can help as a template[3].
How-To
- Document (evidence): Note date, time, reason and evidence.
- Refuse in writing (notice): Send a formal message to landlord and flatmates.
- Inform the authority (court): If necessary, contact the competent local court.
- Check legal protection (safety): Seek advice or check legal expenses insurance.
Key Takeaways
- You may refuse unreasonable key demands.
- Documentation strengthens your legal position.
