Tenant Rights in Germany: Reject Property Rep
As a tenant in Germany, you have rights to privacy and to control access to your flat. If a representative of the property manager appears, you do not have to automatically agree to let them in. This article explains step by step when visits are allowed, how to refuse a representative, which deadlines and forms matter, and how to secure evidence. I discuss relevant sections of the BGB, competent courts and concrete sample letters you can use. The goal is to give you clear actions so you can enforce your rights without unnecessary conflict and protect yourself from unauthorized entry.
Your Rights as a Tenant
Landlords and property managers have duties, but they may not simply enter your flat. The tenancy law provisions in the BGB set principles for maintenance and access that determine your protection.[1]
When May the Property Manager Enter?
Short-term inspections or repairs must be justified and announced; for some measures your consent is required. In emergencies, action may be taken without consent, but you should document this and have it legally reviewed if necessary.[2]
Refusing a Representative: Practical Steps
- Refuse in writing (form): Send a brief refusal by email or letter stating date, time and reason.
- Document everything (document): Note date and time, take photos of the situation and save messages as evidence.
- Name witnesses: If neighbors or roommates were present, record names and contact details.
- Observe deadlines (deadline): Respond within set timeframes to letters and follow formal requirements.
Forms and Sample Letters
There is no single national standard form for every case, but courts and authorities offer guidance and templates for claims or payment procedures; information and forms are available on justice portals.[4] A practical sample letter to refuse a representative could look like this:
"Dear Sir or Madam, I hereby refuse entry to your representative on [date] for reasons of privacy. Please coordinate future visits with me or provide a concrete legal basis."
Frequently Asked Questions
- Can I refuse a property manager without giving a reason?
- Yes, in principle you can refuse a person without your consent if there is no urgent legal reason for entry.
- What should I do if a representative comes without notice?
- Document the occurrence, deny entry if appropriate and inform the property management in writing about the event.
- Which courts are competent if a dispute arises?
- Most tenancy disputes are handled by the local court (Amtsgericht); higher instances include the regional court and the Federal Court of Justice.[3]
How-To
- Step 1: Write your refusal (form): Send a short, clear refusal by email or letter with the date.
- Step 2: Secure evidence (document): Photograph and save messages and note witnesses.
- Step 3: Observe deadlines (deadline): Check response deadlines and possible legal time limits.
- Step 4: Consider court action (court): If disturbances continue, involve the competent local court.
Key Takeaways
- You have the right to privacy and can refuse unauthorized entry.
- Good documentation strengthens your position in disputes.
Help and Support / Resources
- Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
- Bundesgerichtshof (BGH)
- Justizportal Germany – Forms and Information