Tenant Rights: Immediate-Danger Cases in Germany

Many tenants in Germany face situations where a landlord suddenly demands access to the apartment, claiming an immediate danger. This article explains what immediate danger means, which rights you have as a tenant and how to react calmly, safely and legally. We describe concrete steps to assess the claim, required documentation, official forms and deadlines and when to involve the local court. The guidance is written in plain language, avoids legal jargon and focuses on practical help for tenants in both urban and rural areas of Germany. You will also find tips on communicating with the landlord, documenting defects and important decisions such as when to consult a lawyer or the local court.

What does immediate danger mean?

Immediate danger exists when significant harm to persons or the apartment is likely without immediate action. In such cases landlords sometimes demand immediate access to the flat; their rights under the rental contract and civil law must be strictly reviewed^[1].

Immediate steps for tenants

If a landlord requests access, first check the reason and urgency, document everything and set written deadlines.

• Assess the cause: Is there an acute danger to people or the property of the apartment?
• Request a written justification and a specific time from the landlord.
• Document the condition with photos, dates and witnesses.
• Refuse access if there is no serious reason and propose a scheduled appointment.

Examples of legally secure reactions

In the event of a burst pipe causing water in the apartment quick access is justified; then request written confirmation and submit photos afterwards. For routine inspections without acute danger a written appointment notice is sufficient.

If the landlord unilaterally changes locks or removes personal belongings act immediately: photograph, document and seek legal advice.

If the issue goes to court

Disputes about access, rent reduction or eviction are handled by the local court; lawsuits are governed by civil procedure rules and deadlines must be observed^[2]. In practice early legal advice is recommended because deadlines can be short.

FAQ

What is immediate danger?

Immediate danger means an imminent threat that justifies immediate intervention, for example a burst pipe or fire risk.

Do I have to grant the landlord immediate access?

Only in clear, verifiable danger; request a written justification and document the condition.

When should I contact the local court?

If the landlord acts unlawfully or violates your rights you can file a claim at the local court; the local court is the first instance for tenancy disputes^[3].

How-To

1. Assess the emergency and rule out acute dangers.
2. Request a written justification from the landlord and set a deadline.
3. Collect evidence: photos, witnesses, save messages.
4. Seek legal advice if necessary and consult the local court.

Key Takeaways

• Immediate danger justifies action only within narrow limits.
• Documentation strengthens your case in disputes.
• Observe deadlines and respond promptly to avoid disadvantages.

Help and Support

• Civil Code (BGB) – Gesetze im Internet
• Code of Civil Procedure (ZPO) – Gesetze im Internet
• Information on Courts – Federal Ministry of Justice

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1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Information on Courts – bmj.de