Tenant Guide DE: Reject Manager Representative in WG
As a tenant in Germany, you have rights to privacy and protection of your dwelling, also in shared flats (WGs). Before signing a contract or granting access to a property manager's representative, check whether a written power of attorney exists, what authority the person has, and whether your flatmates agree. This text explains when you can refuse a representative, which laws are important and which practical steps you should take immediately so your privacy and contractual rights remain protected. These tips are tailored to situations in German cities and help avoid common conflicts with managers or landlords.
Tenant Rights
Landlord duties and tenant rights are set out in the BGB; especially §§ 535–580a regulate obligations for use and maintenance of the rental property and basics for termination and defect rights.[1] Owners or property managers may not enter your rooms without a justified reason; access rules should be specified in the lease or by separate agreement. When a representative arrives, always request written proof of authorization and record time and purpose.
What this means for shared flats (WGs)
In WGs, each subtenant has personal rights. A property manager's representative cannot automatically access all rooms just because invited by the main tenant; access rights follow the lease and any landlord authorization. For issues like termination or eviction, disputes are usually handled at the local Amtsgericht, while civil procedure rules govern court actions.[2][3]
Practical steps to take now
- Request written proof of authorization or an official form from the landlord.
- Refuse access to private rooms until the authority is clarified.
- Document date, time, names and take photos or notes as evidence.
- Respond within legal deadlines if formal letters or notices follow.
- Consult the Amtsgericht or legal advice if the situation escalates.
Common issues and how to avoid them
Conflicts often arise from missing communication or unclear authorizations. Ask the landlord in writing to clarify responsibilities and keep copies of all documents. For scheduled viewings insist on prior notice and coordinate times with your roommates. If a representative continues to act without authorization, consider rent reduction, a criminal complaint for trespass, or civil action; but first check chances of success and deadlines.
FAQ
- Can a property manager representative open my room door alone?
- No, without explicit authorization and a legal reason a representative may not open your private room door.
- Do I have to agree to an announced viewing appointment?
- You must agree to announced appointments if they are contractually or legally justified, but appointments should generally be announced in advance and coordinated with roommates.
- Which authority handles rental disputes?
- Rental disputes are usually heard in the local Amtsgericht in the first instance; higher courts are the Landgericht and, if applicable, the Federal Court of Justice.
How-To
- Ask in writing for a power of attorney or an official document from the landlord.
- Refuse access to private rooms until clarified.
- Collect evidence: photos, emails, names and times.
- Observe deadlines for responses and act formally if necessary.
- Contact the Amtsgericht or legal advisors if the issue escalates.
Key Takeaways
- Always request written authorization and verify powers.
- Private rooms cannot be entered without a valid reason.
- Documentation is your main tool in disputes.
Help and Support
- [1] BGB §§ 535–580a (gesetze-im-internet.de)
- [2] ZPO – Zivilprozessordnung (gesetze-im-internet.de)
- [3] Federal Court of Justice – Decisions (bundesgerichtshof.de)
