Tenant Rights: Key Access in Germany

As a tenant in Germany, it is important to know when you may refuse handing over keys or landlord access. Many tenants are unsure whether a landlord can enter apartments without consent or demand spare keys. This text clearly explains your rights, typical situations like repairs, viewings or emergencies, and which deadlines and forms apply. We provide practical advice on documentation, handling requests and steps to take after unlawful access. We also show which courts and authorities tenants can contact and which legal bases in the BGB and ZPO are relevant.

When may tenants refuse key handover or access?

Generally: without explicit permission, landlords may not simply enter the apartment or demand keys. Consent in the lease or separate agreements can regulate access, as can explicitly scheduled appointments. Only in narrowly defined cases, such as imminent danger (e.g. burst pipe), is immediate entry justified. For planned inspections or routine work, the landlord must notify in advance and agree on a date.

Legal foundations

The most important legal rules for tenancy are in the BGB (e.g. landlord duties) and procedural rules for disputes are in the ZPO.^[1][2] Many details are clarified by court decisions of the Federal Court of Justice and local courts, especially regarding access rights and data protection.

Typical situations

• Emergency such as a burst pipe: immediate entry is permissible to limit damage.
• Planned repair or contractor appointment: landlord must notify and arrange a date.
• Viewing for tenant change or sale: notice and consideration are required.
• Demanding spare keys: only permitted with agreement or court order.

Practical steps: How tenants should act

• Document date, time and reason of each access request, including witnesses and evidence.
• Respond in writing if you refuse access or want to set conditions; state reasons and alternative dates.
• Set clear deadlines for resolving an issue or confirming an appointment.
• If unauthorized access continues, involve the local court or seek legal advice.

Forms and examples

There is no single nationwide "key handover form," but for court actions and deadlines tenants use standard letters and applications. Three key examples:

• Lawsuit for injunction or declaration at the local court: if a landlord repeatedly enters unlawfully, a suit may be necessary; example: send a written demand to cease and file suit if there is no response.
• Application for interim injunction: for acute danger or repeated severe interference, immediate court protection can be requested; example: ask the court to prohibit the landlord from keeping keys or entering without notice.
• Written refusal / sample letter: state date, facts and refusal plus any alternative date; example: "I hereby refuse access on X. I offer Y as an alternative date."

FAQ

Can the landlord enter without consent?

Usually not. Exceptions are imminent danger, agreed access rights, or a court order.

When can I refuse handing over keys?

You can refuse if there is no contractual agreement or no legitimate reason; request a written explanation.

What should I do after unlawful access?

Document the incident, demand cessation in writing and consider legal action at the local court.

How-To

1. Document the incident immediately: note date, time, people and take photos.
2. Send a formal refusal or demand with a deadline by registered mail or email with read receipt.
3. Set a reasonable deadline (e.g. 14 days) to resolve the issue or arrange an appointment.
4. If the landlord does not respond or continues unlawful actions, contact the local court or seek legal counsel.

Key takeaways

• Tenants are protected against unauthorized access except in defined exceptions.
• Good documentation and written communication strengthen your case in disputes.
• The local court is the first instance for tenancy disputes; higher courts set precedents.

Help and Support

• Federal Ministry of Justice (forms and guidance)
• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Federal Court of Justice (BGH) – Decisions

1. [1] Gesetze im Internet – BGB
2. [2] Gesetze im Internet – ZPO
3. [3] Bundesgerichtshof (BGH)