Tenant Rights: Emergency Entry in Germany

As a tenant in Germany, it is important to know what applies in cases of "danger in delay" ("Gefahr im Verzug"): when a landlord may enter without prior consent, what rights you have as a tenant and how to protect yourself. This guide plainly explains the main rules from tenancy law, shows practical steps for documenting damage, names official forms and explains when a court may need to be involved. It is aimed at families and single tenants who need to act quickly without making legal mistakes. At the end you will find FAQs, a step-by-step guide and linked official texts so you can defend your apartment and privacy in Germany. Read on for practical checklists.

What does "Gefahr im Verzug" mean?

"Gefahr im Verzug" describes a situation where immediate action is necessary because otherwise lives, health or significant property damage are threatened. For tenants this means: in extreme emergencies the landlord may also take measures or demand access if prior consents cannot be obtained. This is based on general rights and obligations in tenancy law, such as the landlord's maintenance duties according to the BGB^[1].

When may the landlord enter?

The landlord may only enter without your consent in narrow exceptional cases. Typical examples are a burst water pipe, acute fire risk or situations with immediate threat to health. On site the action should be proportionate and limited to what is necessary. If possible, the landlord should inform you by phone beforehand and briefly document their actions.

Practical advice if the landlord or a contracted company demands access:

• Ask for a short proof of urgency and the name of the person acting.
• Take photos and write down date, time and observations as evidence.
• Contact emergency numbers or call the landlord if you are unsure.
• Request written confirmation of the measures or a subsequent list of the work performed.

Which legal bases and authorities are important?

Important legal bases are the tenancy rules in the Bürgerliches Gesetzbuch (BGB)^[1] and for court actions the Zivilprozessordnung (ZPO)^[2]. Tenancy disputes are often heard first at the competent Amtsgericht; in higher instances the Landgericht or, if applicable, the Federal Court of Justice decides^[3].

Forms and templates: which documents matter?

There is no single "emergency entry" form, but you should keep template letters ready for defect notifications and claims for repair. Templates and guidance on documents are published by the Federal Ministry of Justice and Consumer Protection. ^[4]

How-To

1. Document the incident with date, time and photos or videos.
2. Inform the landlord in writing (defect notice) and request confirmation.
3. Set a reasonable deadline to remedy the defect and observe deadlines.
4. If there is no response, consider legal action at the competent local court.

FAQ

May the landlord enter my apartment without permission if he claims "Gefahr im Verzug"?

Only in narrow exceptional cases with immediate danger to people or significant property damage; the action must be proportionate and documented.

What evidence helps me enforce my rights?

Photos, videos, witnesses, written notifications to the landlord and invoices or cost estimates for repairs.

What can I do if the landlord entered unlawfully?

Record the incident, request a written explanation, and consider claims for damages; contact the local court if necessary.

Help and Support

• Contact: Federal Ministry of Justice and Consumer Protection
• Information: Federal Court of Justice (BGH)
• Legal texts: Gesetze im Internet

1. [1] Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) - Gesetze im Internet
3. [3] Bundesgerichtshof (BGH)
4. [4] Federal Ministry of Justice and Consumer Protection (BMJ)