Tenant Rights: Entry Only With Notice in Germany
Many tenants in Germany face the question whether they must allow landlords to enter the apartment when they are absent. Depending on the situation: generally the landlord needs a legitimate reason and usually prior notice. Tenants can object to unannounced or inappropriate entry, protect their privacy and consider legal steps. This article explains what rights you have as a tenant, which deadlines and phrasings help, how to secure evidence and which authorities or courts are responsible. The aim is to provide practical sample texts, official forms and clear action steps so you can respond safely and with legal certainty. At the end you will find information on official federal forms and the jurisdiction of the local court as well as an FAQ with sample letters.
When may the landlord enter?
Landlords generally may not enter the apartment without permission or a valid reason. Typical legal foundations can be found in the Civil Code.[1] Permissible reasons include urgent repairs, meter readings or a concrete danger situation.
- Repairs that avert immediate danger or limit damage.
- Meter readings for water or electricity if contractually agreed.
- Viewings for re-letting with appropriate notice.
Entry only with notice: When can tenants refuse?
Tenants can refuse entry if there is no legal basis, the notice was not appropriate, or the privacy intrusion is disproportionate. Examples: no plausible reason, no agreed appointment, or repeated unannounced visits. It is recommended to refuse in writing and state reasons.
How to refuse in writing (sample phrasings)
A short, factual message is often sufficient. State the desire to protect privacy, refuse entry and offer alternative dates. Example: "I hereby deny entry to my apartment during my absence. Please propose a concrete date to agree on." Keep copies.
- State briefly the reason for refusal and refer to privacy protection.
- Provide alternative dates or ask for a written appointment agreement.
- Send the message preferably by registered mail or documented e-mail.
Securing evidence
If the landlord enters despite refusal, documentation is important. Photos, witness statements, message histories and times are crucial. These help with complaints or court proceedings.
- Take photos and note participants and times.
- Save written communication as PDF or printouts.
- Secure conversations via witnesses or written confirmations.
Legal steps and jurisdiction
If an out-of-court solution is not possible, legal action can be taken through the local court. Jurisdiction and procedural rules are found in the Code of Civil Procedure.[2] The Federal Court of Justice decides on fundamental questions in higher instances.[3]
Practical procedure: set a deadline, send a written cease-and-desist demand, and if ignored file a claim at the competent local court. Use sample texts and check for free legal advice options.
How-To
- First check your rental contract and the landlord's stated reasons.
- Request reasonable advance notice and concrete appointment proposals.
- Send a formal refusal in writing with date and alternative suggestions.
- Save all messages, photos and witness statements as evidence.
- If necessary, initiate legal proceedings and contact the local court.
FAQ
- Do I have to allow the landlord to enter if I am not at home?
- No, not automatically. Without a valid reason and reasonable notice you can refuse entry.
- Does notice alone entitle the landlord to enter?
- Notice alone does not justify any entry; the reason must be proportionate, such as urgent repairs.
- How do I word a legally effective refusal?
- Write the date, reason for refusal, refer to privacy and offer alternative dates; send the message with proof.
Help and Support / Resources
- Civil Code (BGB) - Gesetze im Internet
- Code of Civil Procedure (ZPO) - Gesetze im Internet
- Federal Court of Justice (BGH)
