Tenant Rights: Key Management in Germany
Many tenants in Germany live in shared flats and wonder who stores keys, when landlords or flatmates may have access, and how privacy is protected. This guide explains clearly the rights and obligations of tenants in shared flats: from key handover and reorders to access for repairs and rules for successors and key copies. I describe practical steps to clarify access rights, keep documentation and use official forms. The goal is that you can avoid conflicts or respond preparedly — including when the local court, the BGH or authorities are responsible and which laws such as §§ 535–580a BGB apply.[1] You will also learn which forms exist and how to meet deadlines. Practical examples help with common shared-flat situations.
Who may have keys?
In principle tenants decide who may enter their flat. In shared flats this is often regulated in the rental agreement or by agreement. Regardless, any access must be proportionate and justified.
- Flatmates who are named in the lease or who have given explicit consent.
- Landlord only in exceptional cases, for example in emergencies or with prior notice.
- Caretakers or tradespeople, but only with authorization or agreement.
Landlords and access rights
A landlord does not have a general claim to a flat key; access by the landlord is only permitted in cases of urgency, scheduled repairs, or by individual agreement; otherwise the landlord needs the tenants' consent.[1]
- Emergencies: access in case of danger to persons or property.
- Agreed appointments: repairs or viewings after prior notice.
- Unannounced access is only allowed in very limited cases.
What to do in key disputes?
If key issues lead to conflict, documented steps help: written demand, setting a deadline, evidence preservation with photos and witnesses, and if necessary legal clarification through the local court or higher instances.[2]
- Send written notice to the other party (by registered mail or email with read receipt).
- Document all key handovers, copies and agreements.
- Seek legal advice if there is a threat or occurrence of unauthorized access.
Guide to key rules in a shared flat
Prevention is best: record key rules in writing, regulate reorders, and clarify return on move-out. If a problem arises, follow the steps in the guide below.
FAQ
- May the landlord keep a flat key?
- Only in narrow exceptions, for example in emergencies or if this was agreed. Without consent, retention is inadmissible.[1]
- Can a flatmate copy keys?
- Copying is possible, but such actions should be governed by agreement; otherwise tenants can demand return.
- What can I do if someone accessed my flat without authorization?
- Document the incident, inform the other residents, request cessation in writing and consider legal steps if it repeats.[2]
How-To
- Notify in writing: draft a clear demand for return or cessation and set a deadline.
- Collect evidence: gather photos, messages and witness statements.
- Observe deadlines: respond within set deadlines to protect your rights.
- Court clarification: escalation may involve the local court, while BGH case law provides higher precedents.[3]
- Record return: document key handover and obtain written confirmation.
Key Takeaways
- Tenants usually decide who holds keys.
- Landlord access is only allowed in special cases.
- Documentation strengthens your position in disputes.
Help and Support / Resources
- BGB §§ 535–580a (Rights and obligations of tenancy)
- ZPO (Civil Procedure Code) – procedures for eviction and claims
- Federal Court of Justice (BGH) – case law in tenancy matters
