Tenant Rights in Germany: Recordings During Absence
As a tenant in Germany, you may face questions when landlords want to take photos or videos in your apartment while you are absent. This guide explains clearly and practically what rights and duties tenants have, when permission is required, how data protection applies and which pieces of evidence are useful. I describe how you can refuse consent or grant it conditionally, how to document entries and which deadlines and legal steps are important in disputes. I also name relevant sections of the BGB, competent courts and official forms.
Rights and Duties of Tenants
In principle, the provisions of tenancy law in the BGB regulate the rights and duties of landlords and tenants; in particular, duties to maintain the rented property and to respect the tenant's privacy are relevant.[1] Without the tenant's express consent, a landlord generally has no claim to freely take photographs in the private area of the apartment. For the landlord's legitimate interest (e.g. damage documentation), the scope and purpose of the recordings are decisive.
When May Landlords Take Photos or Videos?
There are only a few situations in which recordings may be justified without express permission: in cases of imminent danger, to preserve evidence of concrete damage, or where the contract provides otherwise. If in doubt, tenants should prohibit the recording and request a written reason and the intended use.
- Notice: A written agreement or form with consent exists.
- Evidence: Photos or videos are used solely for damage documentation and are not published.
- Safety: In cases of immediate danger (e.g. burst pipe), quick action may take precedence.
Data Protection and Personality Rights
Recordings involve personal data and are subject to data protection rules. Make sure that images do not identify uninvolved persons and ask about deletion deadlines and access restrictions.[2]
Practical Steps for Tenants
- Evidence: Take your own photos with timestamps as counter-evidence.
- Notice: Request in writing the purpose, scope and storage times of the recordings from the landlord.
- Contact: Contact the competent data protection authority or the local court for advice.
- Court: For disputes, file evidence with the local court and note deadlines and appointments.
Key Takeaways
- Always ask for the purpose and demand written consent where possible.
- Documentation and timestamps are important evidence for later proceedings.
- Data protection limits protect your privacy against landlords.
FAQ
- May a landlord take photos in the apartment while I am absent without my consent?
- Generally no; private rooms are protected without express, purpose-bound consent. Exceptions exist only in narrow emergencies or to secure evidence of concrete damage.
- How can I defend myself against unauthorized recordings?
- Advice: Prohibit the recording in writing, document the incident and contact the data protection authority or the local court if necessary.
- What role does the BGB play and which courts are competent?
- The BGB regulates the duties and rights in the tenancy relationship; civil disputes are decided by local and regional courts, with the Federal Court of Justice (BGH) handling precedent cases.[3]
How-To
- Evidence: Document condition and time with your own photos and list witnesses.
- Notice: Request in writing that the landlord specifies purpose, scope and deletion periods.
- Contact: Reach out to the competent data protection authority if you suspect unlawful processing.
- Court: Submit evidence to the local court in persistent conflicts or seek legal advice.
Help and Support / Resources
- Gesetze im Internet (BGB and other legal bases)
- Federal Commissioner for Data Protection and Freedom of Information
- Federal Court of Justice (BGH) – Case law
