Tenant Rights: Refuse Entry — Germany

As a tenant in Germany you may wonder whether you can deny a landlord entry to your flat — for example for unannounced viewings or when you are absent. This article explains in plain language which legal foundations apply, which deadlines and forms you must observe, and how a practical template letter can look. You will receive step-by-step instructions on documenting incidents, communicating with the landlord, and presenting evidence to the local court or other authorities. The aim is to give you practical templates and guidance so you can protect your privacy while making legally secure decisions. The guidance is based on BGB rules, court decisions and official forms.

When you can refuse entry

In principle the landlord must respect the tenant's privacy; permanent intrusions or unannounced entry are only permitted within narrow legal limits. Key are the obligations from the German Civil Code and past court rulings that regulate scope and deadlines^[1].

• Check deadlines: Determine whether the announced measure is short-term or time-bound and whether the lease contains special provisions.
• Send a written request: Ask the landlord to announce in writing and use a template letter.
• Create documentation: Note date, time and reason; take photos or recordings as evidence.
• Authorities and court: In disputes the local court is often competent; consider advice or legal action if your rights are violated.

Template letter: Refusing entry

Use a short, factual template letter that states date, reason and your refusal. Example: "I hereby object to the scheduled entry on [date]. Please inform me in writing of the reason why entry is necessary. Until clarification, I cannot consent to entry." Send the letter by registered mail or by email with read receipt and keep proof of delivery.

If the landlord comes despite refusal

If the landlord enters without permission or at an inappropriate time, your documented refusal remains important. In cases of harassment or unlawful entry civil measures or criminal complaints may follow; check the evidence and consider legal steps.

• Dangerous situations: If there is immediate danger or violence, call the police.
• Evidence preservation: Record specific incidents and secure digital evidence.
• Legal steps: For persistent violations a lawsuit or injunction may be appropriate; rules on deadlines and forms are covered by the ZPO and the competent local court^[2].

How-to

1. Create the template letter: State the date and time of the announced entry, briefly state your refusal and request a written reason.
2. Prove delivery: Send the letter by registered mail or email with read receipt.
3. Collect documentation: Save messages, photos and witness statements in an ordered file.
4. Inform authority or court: Consider filing a complaint or lawsuit and prepare a file for the local court.

FAQ

Can my landlord enter the flat without notice?

No, generally not; entry without notice is allowed only in emergencies. Check the lease and legal rules.

How do I correctly phrase a template letter?

Keep it short: date, refusal and a request for a written reason; send it by registered mail or email with read receipt.

Where do I turn in case of repeated violations?

Document the incidents and contact the competent local court or seek legal advice; in case of danger call the police.

Help and Support

• BGB §535 ff. – Rights and duties of tenants and landlords
• Zivilprozessordnung (ZPO) – Procedural rules
• Federal Court of Justice (BGH) – Case law on tenancy

1. [1] Gesetze im Internet — BGB §535 ff.
2. [2] Gesetze im Internet — ZPO
3. [3] Bundesgerichtshof — Decisions