Landlord Entry with Notice: Tenant Rights Germany
As a tenant in Germany, it is important to know how landlord entry with notice is regulated. In shared flats the same basic rules apply as for individual tenants: landlords are generally not allowed to enter the apartment without reason or with short notice. This article explains your rights and obligations, typical deadlines, which forms and evidence are important, and how to protect yourself in disputes at the local court or with official documents. We show which documents you should collect, how to observe objection deadlines and when filing a suit at the local court may be appropriate.
Rights and obligations for announced entry
In principle, the landlord may not enter the rental property without the tenant's permission; exceptions and details are governed by the German Civil Code (BGB), notably landlord and tenant duties.[1] Notices should be clear, state a comprehensible reason and be given in good time. Short-term entry without consent can be an intrusion of privacy.
When may the landlord enter?
Typical cases for announced entry include:
- For necessary repairs (repair): for example heating or water pipe failures.
- For viewings during handover or re-letting (entry): only after prior notice and at a reasonable time.
- For carrying out legal obligations or scheduled readings after notification (form).
Practical steps for shared-flat tenants
Act pragmatically when your landlord has announced entry:
- Documentation: collect photos, dates and descriptions of the defect or event (document).
- Send a written request to the landlord and set a clear deadline (form).
- Observe deadlines: allow a reasonable period and respond within the set time (days).
- If the obligation continues to be violated: seek advice and consider bringing a claim at the local court (court). [2]
Forms and templates
There is no single official form for every situation, but the following letters and templates are practical and common:
- Termination letter (template): In serious breaches you may consider extraordinary measures; state the date, defect description and a deadline.
- Written defect notice: Send this with proof of receipt (e.g., registered mail) and describe the defect and a reasonable deadline for remedy.
- Evidence list: keep photos, chat logs and witness statements organized.
If it goes to court
Most tenancy disputes are heard at the local court (Amtsgericht); procedural rules in the Code of Civil Procedure (ZPO) determine process, deadlines and formal requirements.[2] Important Federal Court (BGH) rulings shape the interpretation of tenancy law.[3]
FAQ
- May the landlord enter the shared flat without notice?
- No. Without a justified reason and without consent the landlord generally may not enter without notice; exceptions exist only in emergencies.
- How much notice is required?
- The law does not prescribe a uniform period; a "reasonable" notice is customary. In practice, 24 to 48 hours are often appropriate depending on the reason.
- What to do if the landlord appears without reason?
- Document date and time, take photos if possible, send a written complaint and consider seeking advice.
How-To
- Fully document the defect or incident (document): photos, date and description.
- Send a written request to the landlord and set a clear deadline (form).
- Wait for the deadline and keep proof of sending (days).
- If unresolved: obtain advice and consider legal action at the local court (court).
