Tenant Rights: Handyman Access in Shared Flats, Germany
As a tenant in Germany it is important to know when and how landlords or contracted tradespeople may request access to the apartment. In shared flats there are additional points to clarify: who can consent, how privacy is protected and which deadlines apply to announced appointments? This article clearly explains what rights and obligations tenants have, how to avoid common mistakes, which written notices are sensible and which deadlines must be met. I also show practical steps for documenting defects, filing objections and when a court can be involved. At the end you will find frequently asked questions, a step-by-step guide and official sources for forms and laws in Germany.
When may the landlord send a tradesperson?
In principle, a landlord must have a legitimate reason and announce access. The legal basis can be found in the German Civil Code (BGB), especially concerning landlord duties and maintenance[1]. In acute emergencies (e.g. burst pipes) immediate access is possible; for planned work prior notice is usually required.
Reasons for access and deadlines
Always distinguish between emergency, necessary repairs and optional work. Clarify whether it is about remedying a defect or about modernization. In shared flats it is additionally important to determine which flatmates must give consent.
- Appointment notice: The landlord should state date and time in writing and provide a reason.
- Immediate access in case of danger: In an acute danger to tenants or the building immediate action may be taken.
- Privacy: Access to private rooms generally requires the consent of the affected tenant in shared flats.
- Documentation: Record date, time, names of persons and reason for access.
Privacy in shared flats: Who decides?
In shared flats: each tenant is entitled to protection of their privacy. For rooms used by only one flatmate (private bedroom), the landlord requires that tenant's consent for non-emergency situations. For common areas, often the landlord's or all affected tenants' consent is sufficient, depending on the lease. Handing keys to tradespeople should be documented.
- Consent required: Private rooms should only be opened with the respective tenant's consent.
- Written consent: Request a written appointment confirmation or job order.
- Proof photos: Take pictures of damages before and after work (if allowed).
Frequently Asked Questions
- Do I always have to grant access to tradespeople?
- No. For planned works prior notice is expected; private rooms are protected by the consent of the affected tenant. In emergencies, however, access is permitted.[2]
- Which deadlines apply to notices?
- There is no uniform statutory deadline in the BGB for every type of access; notices should be timely and verifiable. For routine maintenance, short lead times are common.
- What can I do if the landlord appears unannounced?
- Document the visit, address the conduct in writing and request appointments in the future. For repeated or unlawful access, legal action may be necessary.
How-To
- Step 1: Report defects in writing and request an appointment so that date and reason are documented.
- Step 2: Take photos or videos of the defect, note time and names.
- Step 3: If unclear, object in writing and set a deadline for clarification.
- Step 4: If there is no response, inform the competent local court (Amtsgericht) as the first judicial contact point.[2]
- Step 5: Preserve all records of communication and damages.
Help and Support / Resources
- BGB online: German Civil Code (official)
- ZPO online: Code of Civil Procedure (official)
- Federal Court of Justice (BGH) - official site