Refuse Emergency Entry: Tenant Rights in Germany
As a tenant in Germany you may sometimes face situations where a landlord claims there is an "imminent danger" and demands immediate access to the apartment. This guide explains plainly and practically when you may refuse such access, what rights to privacy and protection of your home apply, which deadlines must be observed and which proofs make sense. You receive clear steps for documenting defects, guidance on official forms and a template letter you can adapt. I also explain when you should contact a local court, which BGB paragraphs are important and how to find official support or court templates.
What does "imminent danger" mean?
The term describes an acute danger that may justify immediate action; nevertheless landlords must act proportionately and respect the tenant's privacy. Relevant statutory rules can be found in the BGB[1] and in the ZPO[2].
Landlords may only enter without notice if a real danger has occurred.
Tenant rights when immediate entry is demanded
- Refuse access: You may deny access if no acute danger exists; state the reason briefly and offer an alternative appointment.
- Documentation: Take photos of damage, record time and witness names and keep written notes of all details.
- Deadlines and letters: If necessary, set a reasonable deadline for remedying the defect and send a formal letter by registered mail.
- Court action: If the landlord acts unlawfully or the situation escalates, you can file a claim at the competent local court.
Respond to legal letters within deadlines to avoid losing rights.
Important forms and examples
The following forms and templates are relevant for tenants:
- Eviction claim form (template of the competent local court) — used when the landlord initiates eviction and you wish to contest it.
- Application for interim injunction (state justice portals) — useful when acute danger exists and a rapid court order is needed.
- Written objection/refusal of entry (template letter) — send by registered mail to document deadlines and access attempts.
Local courts often provide templates and guidance on their state justice portals[3]. Use these templates as a basis and adapt dates and deadlines to your case.
Keep copies of all letters sent and registered mail receipts.
Example: Short refusal letter
Dear Mr/Ms [Name], I hereby refuse the immediate request for access because there is no acute danger. Please arrange an appointment or provide a written explanation of the specific circumstances. Yours sincerely, [Your Name].
How-To
- Remain polite, refuse access briefly and factually and state the reason.
- Document the incident immediately with photos, date, time and witness details.
- Send a formal letter with a clear deadline (for example 7 days) by registered mail and request a written justification from the landlord.
- If necessary, file a claim or application with the competent local court and submit your documentation.
FAQ
- Can I always refuse access immediately?
- No. In cases of real danger (for example fire or burst pipe) the landlord may act. If there is no acute danger, you may refuse access.
- Do I have to offer the landlord an alternative appointment?
- Yes. Offering a concrete alternative appointment strengthens your position and avoids unnecessary conflicts.
- Who do I contact if the landlord acts unlawfully?
- Contact the competent local court and use the available templates; seek legal advice if needed.
Help and Support
- Check local court jurisdiction — justiz.de
- Gesetze im Internet – BGB §§ 535–580a
- ZPO – Forms and procedures
