Personality Rights in Rentals: Tenants Germany

Which personality rights apply in the home?

In general, the general personality right protects your private and intimate sphere inside the rented home. Landlords may not enter your apartment without legal basis and notice, secretly monitor rooms, or misuse personal data. For repeated or serious violations, tenants can demand remedies up to injunctions and compensation.

First steps: document and inform

Act systematically: collect evidence, note times, and inform the landlord in writing. Solid documentation strengthens your position in talks, mediation or court.

• Take photos and videos (evidence) of incidents and store them securely.
• Keep date-and-time logs (evidence), including witness names.
• Send a written notice to the landlord (notice) and document by registered mail or confirmed email.
• Set deadlines (deadline): e.g. 14 days for a response or remedy.

Forms and templates (practical)

There is no single nationwide official form for all privacy violations, but two documents are central in practice:

• Termination letter (notice): no uniform official form; use a clear dated letter if you terminate or respond to a notice.
• Statement of claim (court): for court proceedings an official written filing is required; claims are filed with the competent court following civil procedure rules.^[2]

When is the local court competent?

Many tenancy disputes—such as injunctions, rent reduction or eviction—start at the local court (Amtsgericht). For evidentiary gaps or complex legal questions, appeals to higher courts are possible.^[3]

Practical approach: sample complaint letter

A clear letter should include: date, description of the intrusion, reference to evidence, a concrete demand (e.g. cease within 14 days) and notice of further steps if no response.

• Set a deadline (deadline): "Please stop this by DD.MM.YYYY."
• Reference evidence (evidence): "Photos and witnesses are available."
• Provide contact (contact): "For questions contact me at ..."

Legal assistance and mediation

If the landlord does not respond, mediation, court conciliation or legal representation can be useful. In urgent cases, provisional relief can be considered; evaluate evidence and chances with legal advice.

FAQ

Can my landlord enter my apartment without notice?

No, as a rule the landlord needs your consent or a legal basis; exceptions apply in cases of imminent danger.

Which evidence is strongest?

Photos, timestamps, witness statements and written communication are considered reliable evidence.

When is a lawsuit worthwhile?

When intrusions are repeated or serious, or compensation/cease-and-desist cannot be achieved otherwise.

How-To

1. Document (evidence): collect photos, videos, logs and witness names.
2. Inform in writing (notice): demand the landlord stop the behavior within a deadline.
3. Seek contact (contact): request mediation or conciliation if talks fail.
4. Take legal steps (court): consider filing a claim at the local court if necessary.

Help and Support

• Gesetze im Internet – BGB
• Gesetze im Internet – ZPO
• Bundesgerichtshof (BGH)

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