Notice of Entry: Tenant Rights in Germany

Many tenants in Germany wonder how to respond when the landlord announces entry to the apartment. This guide explains in plain language what rights you have as a tenant, when an entry is legally permissible and what formal requirements apply to a notice. You will receive concrete steps to act, tips on documentation and examples of how to reply in writing. The aim is to protect your privacy and to avoid or resolve conflicts lawfully. Legal bases such as provisions in the German Civil Code (BGB) are mentioned so that you know on what grounds claims can be based.^[1]

When may the landlord enter the apartment?

As a rule, the landlord may only enter the rented apartment if you consent or if there is a legal or contractual reason. Common reasons are urgent repairs, meter readings or legitimate interests for hazard prevention. Mere curiosity or unannounced viewings are not permitted. As far as deadlines, reasons or the purpose of the inspection are concerned, the provisions of tenancy law in the German Civil Code (BGB) apply.^[1]

Typical mistakes tenants should avoid

• Allowing entry without consent or legal ground.
• Failing to request or keep a written copy of the notice.
• Accepting vague time windows instead of agreeing on concrete appointments.
• Not taking photos or notes as evidence in case of defects.
• Not seeking advice in time if you are unsure.

If you avoid these mistakes, you protect your rights and create clear conditions for a factual resolution.

How should tenants respond correctly to a notice of entry?

First check the reason and the form of the notice. If necessary, request a written notice stating purpose, date and exact time. Document the communication, take photos when it concerns defects, and note witnesses or circumstances. In case of uncertainty contact an advisory center or, if necessary, a lawyer or the competent courts in good time. In urgent cases (e.g. burst pipe) immediate entry is possible; however, routine checks must observe consideration for the tenant.

Which wordings help in your reply to the landlord?

• Request written confirmation of purpose and exact time.
• Propose concrete time slots that suit you.
• State that you will take photos and notes if defects are present.
• Ask for respect of privacy and a short list of persons who will be present.

FAQ

When is an oral notice sufficient?

An oral notice can be sufficient in acute emergencies; for regular appointments, however, a written or email-confirmed notice is recommended.

Can the landlord enter without my consent if they have a spare key?

No, having a key does not automatically entitle entry without agreement. Exceptions are urgent emergencies such as imminent danger.

What deadlines apply when the landlord announces a repair?

Specific deadlines depend on the situation; generally, the notice should be timely and indicate a narrow time window.

How-To

1. Check the notice: purpose, date, time and justification.
2. Request written confirmation and record agreements.
3. Document condition and conversations with photos and notes.
4. Seek legal advice or tenant association help if needed.
5. In disputes, consider possibilities of filing a claim at the local court.

Help and Support / Resources

• §§ 535–580a BGB on Gesetze im Internet
• Federal Court of Justice (BGH) – information
• Federal Ministry of Justice and Consumer Protection

1. [1] Gesetze im Internet: BGB §§ 535–580a
2. [2] Federal Ministry of Justice and Consumer Protection: Information on courts
3. [3] Federal Court of Justice: Decisions and guidance