Property Manager Representative: Proof for Tenants in Germany

As a tenant in Germany, it can happen that a property manager's representative enters your flat while you are absent. In such situations it is important to know which proofs help you enforce your right to privacy and protection against unauthorized entry. This text explains in plain, practical terms which documents, photos and witness records are relevant, which legal foundations apply and which steps you as a tenant should take immediately. You will receive a checklist of evidence, guidance on official forms and a procedure for complaints or court action in Germany. The aim is to give you clear actions so you can confidently assert your rights against the property manager and the landlord.

What applies legally?

Fundamentally, the German Civil Code (BGB) regulates the duties of landlord and tenant, such as maintenance of the rented property and respect for the tenant's privacy^[1]. A property manager or their representative may only enter the flat if there is a legal basis (e.g. consent, urgent repair, imminent danger) or a clear power of attorney. In disputes over entry or unauthorized actions, the local court (Amtsgericht) usually decides; however, tenancy disputes can be escalated to the regional court (Landgericht) and in individual cases to the Federal Court of Justice (BGH)^[2].

Which laws are especially important?

For tenants, particularly relevant are §§ 535–580a of the BGB on tenancy and rules on disturbance of possession; procedural actions are governed by the Code of Civil Procedure (ZPO). For fundamental questions, there are relevant BGH rulings interpreting landlord and tenant rights^[3].

Checklist: Gathering evidence

• Photos of the door, locks and the state of the flat with timestamps or metadata.
• Photos or video of the representative (name/identifying marks), if possible without infringing personal rights.
• Written power of attorney or access order from the landlord (form/document).
• Witness statements with contact details (neighbors, janitor).
• Date and time notes: when you were absent and when the entry occurred.
• All written messages (emails, SMS, letters) between you, the landlord and the property manager.
• Receipts or invoices for carried-out work if repairs were cited as the reason.

Forms and templates

There is no single nationwide form for access, but the power of attorney from the landlord to the property manager and written notices of defects or repair orders are often relevant. Tenants can use standard letters to document the facts or demand cessation. If you consider court action, complaints and applications must follow ZPO rules; depending on the court, there are clear submission requirements.

Frequently Asked Questions

May a property manager representative enter without notice?

Generally no. Entry is not permitted without permission or a clear legal basis, except in cases of imminent danger (e.g. burst pipe).

Which proofs are most persuasive?

Photos with timestamps, the representative's power of attorney, witness statements and written communication are most helpful.

Where can I turn if my rights were violated?

First contact the property manager and landlord; if unresolved you may consider filing a claim at the competent local court or seek legal advice.

How-To

1. Secure evidence immediately: collect photos, notes and witness contacts.
2. Write a short dated email or letter to the landlord and property manager requesting a statement.
3. Contact witnesses if applicable and ask them in writing for their statements or record their information.
4. If no agreement is possible: consider filing a claim at the local court and prepare your evidence.
5. Consider legal advice, for example an initial consultation with a tenants' association or consumer advice center.

Help and Support

• Gesetze im Internet: German Civil Code (BGB)
• Federal Ministry of Justice and Consumer Protection — forms & info
• Federal Court of Justice (BGH) — decisions

1. [1] German Civil Code (BGB) — gesetze-im-internet.de
2. [2] Information on court jurisdiction (Justiz) — justiz.de
3. [3] Federal Court of Justice (BGH) — bundesgerichtshof.de