Tenant Rights: Emergency Landlord Entry in Germany
Many tenants in Germany are unsure what "danger in delay" (Gefahr im Verzug) means and whether the landlord may enter the apartment during their absence. This article explains in plain language when immediate action is justified, what rights tenants have and which deadlines apply. I describe practical everyday cases, name relevant sections of the BGB and competent courts such as the local court (Amtsgericht), and show which official forms can be used. The goal is for you as a tenant to protect your privacy, respond correctly and, if necessary, collect evidence or initiate legal steps — even without hiring a lawyer. The guidance is practice-oriented and lists concrete steps.
What does "Gefahr im Verzug" mean?
"Gefahr im Verzug" describes a situation where immediate action is necessary because otherwise significant damage would occur. For tenants this means: only in acute emergencies may the landlord take measures that intrude on privacy. Fundamental duties of the landlord are regulated in the BGB [1]. If a court must be involved, the rules of civil procedure (ZPO) apply [2].
In most cases the BGB protects tenants from unauthorized entry.
Practical cases and first reactions
- Heating failure (heating): Stay reachable, inform the landlord immediately and request the repair in writing.
- Burst pipe (water): If possible secure photos and prevent further damage; allow entry if a serious danger exists.
- Key handover without notice (notice): Request a written explanation from the landlord and note time and place.
- Suspected unauthorized entry: Document damage and witnesses, take photos and keep an incident log.
Keep timestamps and photos as evidence.
When an acute danger exists, the landlord may exceptionally act without prior court order to avert damage. For later legal steps, it is important to observe deadlines and secure evidence; proceedings to enforce claims go through the local court (Amtsgericht), and if necessary to higher instances up to the Federal Court of Justice (BGH) [3].
FAQ
- May the landlord enter my apartment without consent if I am absent?
- Only in genuine emergencies that require immediate intervention, such as open fire or major water damage. Otherwise the landlord needs your consent or a court order.
- What duties does the landlord have during repairs while I am absent?
- The landlord must act proportionately, inform you, document damages and respect privacy; written records help later in court.
- What can I do if my landlord entered unlawfully?
- Document the incident and damages, collect witness statements, put the landlord in default in writing and consider legal action at the local court.
How-To
- Secure evidence: immediately take photos, videos and keep an incident log.
- Contact the landlord in writing and request an explanation with a deadline.
- Set a clear deadline for clarification or repair, for example 7–14 days.
- Use official justice forms or file an informal complaint at the local court if necessary.
- Prepare a lawsuit or an interim injunction if the landlord does not respond.
