Photos & Videos in Shared Flats: Tenants in Germany

In many shared flats conflicts arise when flatmates or landlords want to take photos or videos. As a tenant in Germany you have rights to privacy and protection of your personal rooms; this applies both to flatmates and when landlords request entry. This guide explains in practical terms when you can refuse recordings, how to document incidents and what steps are possible when involving authorities or a court. The language is intentionally plain and without legal jargon so tenants know concrete actions: from a conversation and written refusal to filing a claim at the local court. Notes on deadlines, evidence preservation and official forms complete the guide.

When can you refuse recordings?

Basically you can refuse photos and videos in your private rooms. This is particularly true when recordings affect your privacy or are made without your explicit consent. Rights from tenancy law protect the usability of the rental property, i.e. your living spaces, and restrict the general personal rights of anyone being recorded. If in doubt: refuse beforehand, document in writing if necessary and secure evidence.^[1]

Practical reasons to prohibit recordings

• Private rooms and personal areas must not be photographed without consent (privacy).
• If recordings could show sensitive personal items or private conversations, you may refuse (entry).
• Photos or videos intended as evidence must be made with your consent or clearly documented on request (evidence).

Landlord vs. flatmate

A landlord does not have a general right to enter private rooms or make recordings without notice. Entry rights are legally regulated and usually require consent or a justified reason such as urgent repairs. Flatmates may not simply enter your room and record; the same privacy rules apply in shared flats as in regular tenancies.

How to document incidents

Good procedure is crucial: collect date, time, participants and the type of recording. Ask for written confirmation of the recording intent or refuse in writing. If possible, keep witness contacts and copy relevant chat logs.

• Send written refusal (notice) — by email or registered post.
• Collect evidence (evidence) — screenshots, metadata, witnesses.
• Seek support (call) — talk with flatmates, property manager, legal advice.

What to do if the landlord records?

First object in writing and specify which rooms are private. Demand deletion of unauthorized recordings. If the landlord insists or threatens legal action you can seek legal help. A lawsuit or an interim injunction can be filed at the local court; procedural rules are in the Code of Civil Procedure.^[2]

When are courts responsible?

Tenancy disputes are usually heard first at the local court; higher instances include the regional court and, for precedent, the Federal Court of Justice.^[3]

FAQ

Can my landlord take photos of my apartment in a shared flat?

No, not without your consent. Entry and recordings are restricted by tenancy law; if violated, you should object in writing and secure evidence.^[1]

Do flatmates have to remove recordings if I demand it?

Yes, you can demand deletion if recordings violate your privacy. Document the process and name witnesses.

Which court is responsible if there is a dispute?

The local court is usually responsible; higher instances are the regional court and the Federal Court of Justice for appeals.^[3]

How-To

1. Send written refusal (notice): State date, time and reason for refusal.
2. Secure evidence (evidence): Collect screenshots, metadata and witness contacts.
3. Consider court action (court): File a claim at the local court if necessary.

Help and Support / Resources

• BGB §§ 535–580a — Civil Code
• Code of Civil Procedure (ZPO)
• Federal Court of Justice (BGH)

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1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a
2. [2] Zivilprozessordnung (ZPO)
3. [3] Bundesgerichtshof (BGH)
4. [4] Serviceportal Bund — Forms and authorities information