Tenant Rights: Visitation in Germany

Many tenants in Germany wonder under which conditions visitors are allowed in a shared flat, a dormitory or a rented apartment. This guide clearly explains the rights and obligations of tenants and landlords, how visitation and house rules are legally assessed and when a landlord may justify restrictions. You will find concrete examples, template wording suggestions for correspondence, practical action steps for dispute resolution and notes on which sections of the BGB and which courts are responsible. The language is deliberately simple; the tips help to avoid disputes or to proceed systematically in case of conflict — for example when asserting a right to visits or in cases of nighttime disturbances. Practical checklists are provided.

What does visitation law regulate?

An explicit "right to visitors" is usually not a separate paragraph in the law. The most important rules for tenants are found in the Civil Code (BGB), especially concerning the use of the property, landlord duties and consideration in the tenancy relationship^[1]. Restrictions on visits must be proportionate and must not effectively deprive the tenant of the contractual use of the apartment.

Visits in shared flats and dormitories: common rules

Shared flats and dormitories often differ because of house rules or special care rules. In communal living arrangements there can be restrictions, for example on the number of overnight stays or the use of common rooms.

• Observe deadlines: Many house rules require advance notice for longer visits.
• Document in writing: Agreements with flatmates or the landlord should be recorded in writing.
• Secure evidence: Photos, chat logs or witnesses are helpful in repeated disputes.
• Arrange contacts: Clarify early who can be reached for questions.

Avoiding and resolving conflicts

In conflicts, a step-by-step approach helps: first talk, then a written warning, and finally legal measures. In serious restrictions, courts examine whether the landlord unlawfully restricted the use of the apartment.

• Hold a conversation: A calm clarification with the landlord or flatmates is often sufficient.
• Send a written warning: Clearly state what you want and by when.
• Judicial clarification: As a last resort, a lawsuit at the competent local court may be necessary.

Forms and jurisdictions

For a factual dispute, certain templates and forms are useful, such as sample letters for requests or complaints and court pleadings for civil proceedings. Procedural rules are found in the Code of Civil Procedure (ZPO)^[2], and tenancy disputes are usually decided in the first instance by the local court (Amtsgericht)^[3].

• Termination letter (template): Use reviewed templates for formal letters.
• Documentation template: Record date, time and participants in writing.
• Statement of claim: A properly formatted statement of claim is required for court proceedings.

FAQ

Do I have a right to visitors as a tenant?

As a rule, the tenant may use the apartment in accordance with the contract and receive visitors; restrictions must be proportionate and must not deprive the tenant of use.

Can the landlord prohibit overnight visitors?

A general and unlimited ban is usually ineffective, but special provisions in the lease or house rules can set limits.

What do I do about repeated disturbances by visitors?

Document disturbances, seek a conversation and send a written request if necessary; as a last resort, a lawsuit at the local court may follow.

How-To

1. Have a conversation: Clarify the situation directly with landlord or flatmates.
2. Send a written warning: State your complaint and demand remedy within a deadline.
3. Collect evidence: Keep logs, photos and witness statements.
4. Consider legal action: File a claim at the local court if necessary.

Key takeaways

• Documentation protects your rights and is often decisive.
• Clarify rules early in shared housing to prevent conflicts.
• The local court is the first instance for serious restrictions.

Help and Support / Resources

• BGB §§ 535–580a – Gesetze im Internet
• ZPO – Rules for court procedures
• Justice portal – information on courts

1. [1] Civil Code (BGB) – Gesetze im Internet
2. [2] Code of Civil Procedure (ZPO) – Gesetze im Internet
3. [3] Justice portal – information on courts