Landlord Entry: Tenant Rights in Germany

Many tenants in Germany are unsure when landlords may enter the apartment and which deadlines or notices apply. This guide clearly explains which legal foundations offer protection, how to record entry notices with deadlines, and how to keep a protocol so your privacy is protected. You will receive concrete action steps for discussions with the landlord, documentation, and the route to court if necessary. The information refers to relevant sections of the BGB and the procedure at courts so that you as a tenant can practically enforce your rights.^[1]

When may the landlord enter the apartment?

Basically, a landlord needs a legitimate purpose, such as repairs, handover at move-out, or imminent danger. Without urgent reason, entry is only permitted after prior announcement. There is no blanket permission for unannounced visits; the legal duties of the landlord are found in the BGB.^[1]

How does the landlord announce entry?

A reasonable announcement states the reason, date and an approximate time window. For urgent cases, a shorter deadline can be lawful; for planned work at least one day notice is typical. If the landlord fails to meet the deadline, you should refuse entry and object in writing.

• Emergencies: imminent danger justifies immediate entry.
• Planned repairs: announcement with date and time window is required.
• Viewings for tenant change: inform in good time and coordinate appointments.

How do I record entries and deadlines?

A clear record includes date, time, name of the person entering, reason and photos of damages or measuring devices. After a conversation send a short confirmation by email or registered letter to the landlord. Such protocols are important if later there are rent reductions, compensation claims or an eviction suit.^[2]

What to do in case of dispute or legal violation?

First try a written clarification with a set deadline. If no agreement is reached, inform the competent local court (Amtsgericht) or seek legal advice. In court proceedings the rules of the Code of Civil Procedure apply for claims, deadlines and service.^[3]

FAQ

Which deadline must the landlord observe when announcing entry?

There is no fixed nationwide deadline, but a reasonable announcement period is customary; by agreement one day often suffices, while urgent cases may justify immediate action.

May the landlord enter the apartment without my consent?

Only in emergencies or with a legal basis (e.g. imminent danger). Otherwise landlords need your consent or a legally recognized basis.

Can I document entry by photo or video?

Yes, photo evidence is usually permitted to document damages or measuring devices, but be mindful of third parties' personality rights.

How-To

1. Note date, time and names for every announcement or entry.
2. Take photos of the situation and save messages as evidence.
3. Send an email or registered letter to the landlord after an incident as confirmation.
4. Set a reasonable deadline for clarification, e.g. 14 days, and announce legal steps if necessary.
5. If problems persist, contact the competent local court or seek legal advice.

Conclusion

As a tenant you are entitled to protection of your privacy and transparent announcements. Record each entry, use written communication and know the relevant legal bases to safeguard your rights in Germany.

Help and Support / Resources

• Gesetze im Internet: BGB (Civil Code)
• Federal Ministry of Justice and Consumer Protection (BMJV)
• Federal Court of Justice (BGH)

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Bundesministerium der Justiz und für Verbraucherschutz (BMJV)
3. [3] Bundesgerichtshof (BGH)