Tenants: Record Viewings in Germany
As a tenant in Germany, your landlord or their agents may schedule viewing appointments while you are not at home. In such cases it is important to know the landlords access rights, how to protect your privacy and how to create a reliable record to preserve evidence later. This article explains in practical terms which documents and photos are useful, which deadlines and laws to observe and which steps you can take if disagreements arise. The guidance is written so you can act immediately and safeguard your rights.
When can the landlord inspect the apartment?
As a rule, the landlord needs your permission for inspections; they do not have an automatic right of access at any time. Exceptions apply in acute emergencies (e.g. burst pipes) or if the lease contains specific access provisions. The landlords legal duties are set out in the German Civil Code (BGB), especially regarding duties and use of the rented property[1]. Communicate appointments in writing and request a clear purpose and time frame.
Preparation: What to record when absent?
If you cannot be present, prepare a written protocol or ask for a signed handover record from the visitor. Note date, time, the full names of attending persons, the purpose of the viewing and the duration. Photograph relevant areas (e.g. existing damage) and save the image files with date and time.
Checklist for keeping a protocol
- Date, exact time and duration of the viewing.
- Full names and roles of visitors (e.g. property manager, tradesperson).
- Specific reason for the viewing and rooms inspected.
- Photos of damages or the current condition, with date stamp.
- Written requests or consents (emails, texts, letters) as evidence.
Practical steps if you are not present
Ask the landlord in writing to confirm the appointment and to provide a short protocol after the viewing. If possible, appoint an authorized person to attend on your behalf. Document all communications and keep copies. If the landlord conducts appointments without notice or abusively, you can approach the competent local court; tenancy disputes are usually heard at the local court (Amtsgericht)[2].
Which pieces of evidence are useful?
Evidence helps support your account. Use photos, witness statements, emails and protocols. Ensure full date information and back up files in two secure locations. If legal action becomes necessary, the rules of the Code of Civil Procedure (ZPO) apply for evidence gathering and proceedings[3].
FAQ
- Can the landlord enter the apartment without prior notice?
- No, except in emergencies (e.g. acute danger). Otherwise landlords need your consent or contractual basis.
- Must I accept a viewing appointment if I am not at home?
- You do not have to allow viewings unconditionally; insist on written appointments, stated purposes and suggest alternative dates.
- What should I do about privacy concerns (e.g. video recordings)?
- Inform the landlord that recordings without consent are unlawful and demand deletion of unauthorized footage.
How-To
- Have the appointment confirmed in writing: note date, time, purpose and names of visitors.
- Name an authorized person to attend on your behalf and provide their contact details.
- Take photos before and after the viewing and save them with dates.
- Within a few days request a written confirmation (protocol) from the visitor or demand access to the protocol.
- If problems arise contact local courts or tenant advice services and observe deadlines.
Key Takeaways
- Documentation (photos, protocols, messages) is central to protecting you.
- Unnecessary access without consent is not permitted except in emergencies.
- Seek legal help early if visits become problematic.
Help and Support / Resources
- BGB §535 ff. on landlord duties
- Justice portal: local courts and procedures
- Code of Civil Procedure (ZPO) full text
