Tenant Rights for Key Access in Germany

As a tenant in Germany, you have the right to decide whether to hand over apartment keys. Many landlords ask to store keys during long absences or to gain access in emergencies. You may refuse such key management if you have legitimate reasons, such as safety concerns or lack of trust in third parties. Clear communication, written records and knowledge of statutory deadlines and exceptions under the German Civil Code are important. This practical guide explains when refusal is permissible, how to respond securely, which wording helps in letters, and which authorities or courts are responsible for disputes. The guidance is tailored to the specific situation of tenants in Germany.

When can you refuse to hand over keys?

Generally: a landlord does not automatically have a claim to a second key to the apartment. Duties of the landlord and tenant rights arise from §§ 535–580a BGB, especially regarding use and protection of the rented property.^[1] Reasons to refuse may include safety concerns, lack of contractual agreement on keys, or distrust of designated third parties.

Practical steps

1. Draft a brief written refusal and send it by registered mail or e‑mail with delivery confirmation.
2. Document reasons and circumstances: date, time, names and relevant contract clauses.
3. Hold an initial conversation with the landlord but avoid verbal promises that could be interpreted as consent.
4. Respond within any deadlines the landlord sets; do not fail to reply, but respond in writing.
5. If escalation occurs, seek legal advice or contact the competent local court or advisory service.

Sample letter

Here is a short template tenants can use: "I hereby refuse to deposit a key to my apartment. For security reasons and due to the absence of a contractual basis, I cannot agree to this. I am available to discuss alternative arrangements (e.g., emergency contact)." Send the letter by registered mail or e‑mail with read receipt.

Evidence & deadlines

• Collect photos, e‑mails and delivery receipts and date them.
• If third-party access is attempted, document immediately and name witnesses.
• Observe deadlines: respond timely to avoid procedural disadvantages.

Jurisdiction

If no agreement is reached, civil disputes in tenancy law are usually brought before the local court (Amtsgericht); higher-value cases go to the regional court. Important rulings on tenancy law are also issued by the Federal Court of Justice (BGH) and serve as precedents.^[2]

Key takeaways

• You may refuse to hand over keys if there is no contractual basis or you have legitimate safety concerns.
• Written communication and evidence preservation are essential.
• Seek legal advice early if the landlord exerts pressure.

FAQ

Can the landlord demand that I leave a key when I travel?

No, not automatically. Without a contractual agreement or an overriding reason (e.g., immediate danger), tenants may refuse to hand over keys.^[1]

How should I phrase a refusal?

Keep the letter brief and factual, state reasons and send it by registered mail or e‑mail with delivery confirmation.

Which court should I approach in case of dispute?

Tenancy disputes are usually heard at the competent local court; appeals and fundamental questions may be decided by the BGH.^[2]

How-To

1. Draft a refusal letter and date it.
2. Preserve evidence: e‑mails, witnesses, photos and delivery confirmations.
3. Inform the landlord about alternative emergency arrangements (e.g., contact person).
4. Respond promptly to inquiries within set deadlines.
5. Consider legal advice or filing a complaint at the local court if necessary.

Help and Support / Resources

• German Civil Code (BGB) – Landlord duties
• Justice Portal – Courts and jurisdiction
• Federal Ministry of Justice – Information and forms

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1. [1] Gesetze im Internet – Federal Ministry of Justice and Consumer Protection (BGB)
2. [2] Justice Portal of the Federation and the Länder – Courts and Competence
3. [3] Federal Court of Justice (BGH) – Decisions and judgments