Tenant Guide: Shared Kitchens & Data Law Germany

Many tenants in Germany use shared kitchens in apartment complexes, student residences or special housing forms. When these shared kitchens are to be digitized—such as with access controls, booking systems or cameras—tenants face questions about privacy, consent and tenancy law. This practical guide explains in plain language what rights and obligations tenants have, which legal foundations apply and which official forms or authorities you can use to assert your interests. The goal is to show concrete steps: how to document issues, which wording to use in letters and when a court may need to be involved.

Rights and Obligations of Tenants

Landlords must hand over and maintain living space in contractual condition; intrusions into privacy by digital systems are only permitted within narrow limits. For measures such as cameras or electronic access controls, it must be checked whether personal data is processed and whether consent or another legal basis exists. The Civil Code (BGB) regulates the basic duties of landlord and tenant, in particular §§ 535–580a.^[1]

Practical Steps for Affected Tenants

• Collect evidence: photos, emails, lease contract texts and date/time of incidents.
• Contact your property management in writing and request a written explanation of data processing.
• Request official forms or privacy notices and document their receipt.
• Pay attention to deadlines: responses to important letters should usually come within a few weeks.

When Is Consent Required?

Consent to the processing of personal data is required when there is no other legal basis. In shared rooms caution is advised: general surveillance of common areas without legal basis is often inadmissible. If in doubt, tenants should demand a written statement from the landlord and, if necessary, contact the relevant data protection authority or seek legal advice.

Forms and Official Authorities

There is no uniform state "model consent" for shared kitchens, but official guidance and statutory texts help to assess claims. For tenancy disputes, the local court (Amtsgericht) is usually responsible; procedural rules are found in the Code of Civil Procedure (ZPO).^[2][3]

Concrete Template Letters (Practical Example)

• Wording for information request: "Please provide in writing which data is collected, how long it is stored and to whom it is disclosed."
• Sample objection: "I object to the collection of my personal data in connection with the digital access control."

FAQ

Who decides conflicts about digital surveillance measures in shared kitchens?

In tenancy disputes the local court (Amtsgericht) usually decides; landlord and tenancy contract rights under the BGB are generally decisive.^[1]

Do I as a tenant have to consent to a digital access control?

Not automatically; consent is only required if personal data is processed and there is no other legal basis. Clarify purpose and scope in writing.

Which deadlines are important if I want to enforce my rights?

Response deadlines depend on the specific correspondence; important deadlines for court actions and procedural issues are found in the ZPO.^[2]

How-To

1. Document the issue with date, time, photos and written communications.
2. Send a formal request to the landlord or property manager and ask for information about data processing.
3. If you do not receive a satisfactory answer, send a formal objection letter and indicate you may consider legal steps.
4. As a last step, file a lawsuit at the competent local court if the violation continues; observe the procedural rules of the ZPO.^[2]

Help and Support / Resources

• Civil Code (BGB) and other laws - gesetze-im-internet.de
• Federal Ministry of Justice - forms and information
• Federal Court of Justice - decisions in tenancy law

1. [1] Civil Code (BGB) §§535–580a - gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) - gesetze-im-internet.de
3. [3] Federal Court of Justice - bundesgerichtshof.de
4. [4] Federal Ministry of Justice - bmj.de