Tenant Rights: Smartlocks & Entry in Germany

Many tenants in Germany face the question of what happens when landlords use electronic locking systems such as smartlocks or transponders and log accesses. This text clearly explains what rights tenants have, which duties landlords must observe and how you as a tenant can protect data protection and privacy. You will learn when logging is permissible, which information belongs in a log and how to request access or lodge an objection. Practical steps show how to secure evidence, use official forms and, if necessary, involve the local court. The article is aimed at tenants without legal background and offers clear recommendations for everyday situations. It includes templates for inspection requests, notes on deadlines and contacts for responsible authorities.

What tenants should know

Landlords may use electronic access and locking systems for security or administrative reasons. Personal data may only be collected and processed if there is a legal basis or consent. The fundamental duties from tenancy law are regulated by the Civil Code (BGB).^[1]

When is logging permissible?

Logging is only permissible if it is proportionate, serves a legitimate purpose (e.g. access for necessary maintenance) and does not unreasonably impair privacy. Persistent, personal recordings of all openings without a clear purpose are problematic. Before comprehensive logging, the landlord should state the purpose, retention period and authorized access persons in writing.

• Purpose limitation: Logs may only be used for specified purposes.
• Retention period: It should be clear how long data are stored.
• Minimality: Only necessary data may be recorded.
• Protection measures: Encryption and access restrictions are required.

Tenants' rights

Tenants have the right to demand information about stored access logs and to object to unlawful processing. Submit a formal inspection request and keep all replies in writing. If your rights are violated, you can consider legal action; the competent local court handles many tenancy disputes and procedural rules are found in the Code of Civil Procedure.^[2]

• Request inspection: Send an informal written request to the landlord.
• Secure evidence: Archive photos, messages and responses.
• Observe deadlines: Request timely replies and document deadlines.
• Legal advice: Consider legal help early in conflicts.

How to request inspection and object in practice

Proceed step by step: first request written access to the logs, then demand deletion of unnecessary data or restriction of processing. If the landlord does not respond or refuses, document the refusal and consider filing a lawsuit or a complaint with the data protection authority.

Typical contents of an inspection request

• Information: Name, address, rented property and specific period of requested logs.
• Reason: Brief explanation why the inspection is needed.
• Deadline: State a date by which you expect a reply.
• Data protection demand: Request deletion or restriction of processing for unnecessary data.

FAQ

Can the landlord log all accesses with a smartlock?

Not without restriction. Logging must be proportionate and serve a legitimate purpose; mass personal recordings without purpose are regularly problematic.

How do I request inspection of the logs?

Send a written inspection request with a specific period and deadline. Keep a copy of the request and note the sending method.

What if the landlord does not respond?

Document the non-response and consider legal action at the local court or a complaint to the data protection authority.

How-To

1. Draft: Write a clear inspection request with name, address, period and requested deadline.
2. Send: Send the request by registered mail or email with read receipt.
3. Secure: Save all replies and related messages as evidence.
4. Object: Formally request deletion of unnecessary data or restriction of processing in writing.
5. Seek advice: In case of refusal, obtain legal advice.
6. Litigation: If necessary, file a claim at the local court.^[2]

Key Takeaways

• Logging must be proportionate and serve a legitimate purpose.
• Written inspection requests are the essential first step.
• Documentation and evidence preservation are critical for disputes.

Help and Support / Resources

• BGB in the law text – Gesetze im Internet
• Code of Civil Procedure (ZPO) – Gesetze im Internet
• Federal Court of Justice (BGH) – Official website

1. [1] Civil Code (BGB) — Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) — Gesetze im Internet
3. [3] Federal Court of Justice (BGH) — Official Website