Tenants: Decline Viewings Safely in Germany
As a tenant in Germany you often face the question of how to coordinate or decline apartment viewings without losing rights. This guide explains in simple terms which legal basics apply, how to decline viewings politely and lawfully, which wording and deadlines make sense and which evidence can help if a dispute arises. We describe practical steps for communicating with the landlord, which official forms are relevant, and how the local court (Amtsgericht) handles disputes. The goal is to protect your privacy while trying to resolve conflicts out of court where possible.
Your rights and obligations briefly explained
Under German tenancy law the landlord has duties to maintain the rental property, and tenants have rights to privacy and inviolability of the home. Relevant rules are found in the German Civil Code (BGB), especially regarding landlord duties and use of the rental property[1]. There is no blanket statutory right for viewings; proportionality and interest balancing are decisive in each case.
How to lawfully decline viewings
Use clear, factual language, state reasons and offer alternative dates. If you have health, work or data protection concerns, state them briefly or refer to a confidential statement. Document all messages in writing by email or letter and keep delivery confirmations.
- Check landlord meeting requests promptly (deadline) and respond quickly.
- Point out the need to protect privacy if people will be present in the apartment.
- Send a written refusal or alternative proposal and insist on acknowledgement of receipt.
- Make photos or notes to document disturbances or scheduled agreements.
Practical wording and forms
A simple refusal can be sent by email or letter; state reason briefly (e.g., work, health restriction) and offer two alternative dates. For legally relevant disputes templates or sample letters can help; check official templates for terminations or court filings before initiating legal steps[2].
Dispute resolution: steps before court
If you cannot reach an agreement with the landlord, the local Amtsgericht is responsible for most tenancy disputes. It is usually advisable to document everything and attempt a final out-of-court clarification. For lawsuits the rules of civil procedure (ZPO) apply and there are formal requirements for complaints and service[3].
- Consider legal or court clarification for persistent disputes.
- Contact official advice hotlines or tenant counseling services.
- Systematically archive evidence: emails, photos, witness names.
Frequently Asked Questions
- 1. Must I allow viewings as a tenant?
- No, not automatically; viewings must be justified and must not unreasonably restrict your legitimate interests.
- 2. How do I formulate a lawful refusal?
- State the reason factually and offer alternative dates; document sending and receipt.
- 3. Which court can I turn to?
- For most tenancy disputes the local Amtsgericht is competent; higher instances are the Landgericht and the Federal Court of Justice.
How-To
- Step 1: Check the landlord's request and note date and time.
- Step 2: Write a factual refusal with a reason and propose alternative dates.
- Step 3: Send the message in writing and save proof of delivery (email, proof of service).
- Step 4: If conflict persists, consider filing at the Amtsgericht or seeking legal advice.
Help and Support
- Federal Ministry of Justice and Consumer Protection
- Laws Online (BGB, ZPO)
- Federal Court of Justice (BGH)
