Refuse Entry With Notice? Tenant Rights in Germany

Many tenants in Germany face the question of whether they can refuse a landlord's entry when they are not at home. As a tenant you have protective rights against unannounced entry, but also duties in case of urgent repairs or imminent danger. This guide explains in plain language when you can refuse entry, which deadlines apply, which evidence helps and how to respond formally. We name the relevant paragraphs, show practical example wordings for letters to the landlord and describe the procedure if court action becomes necessary.

Right of entry: What applies legally?

Under the German Civil Code (BGB) the landlord generally has the right to enter the rented property if there is a contractual or legal basis. At the same time, the tenant's personal and privacy rights must be protected, so entry is usually to be announced in advance^[1]. In acute emergencies (e.g., burst pipe) the landlord may act without notice. Courts responsible for disputes over entry and eviction claims are the local courts (Amtsgerichte); in appeals cases proceedings can reach the regional court or the Federal Court of Justice (BGH)^[2].

Typical situations

• The landlord gives notice of an appointment to inspect the apartment with adequate lead time.
• In urgent emergencies (leak, fire risk) immediate entry is possible.
• Without notice and without emergency, tenants can refuse entry.

If you are not at home and the landlord requests access, a written announcement before the appointment is the safest proof. If this announcement is missing, you can refuse entry and ask for a new appointment. If the landlord repeatedly attempts unannounced entry, document each contact and collect evidence.

Practical wordings and forms

A short formal letter to the landlord protects your position. Example: "I hereby inform you that I do not consent to the unannounced entry of the apartment on [date]. Please arrange appointments in writing in advance." For terminations, lawsuits or formal pleadings use official templates and forms from the justice portal or the Federal Ministry of Justice where available^[3]. Practical example: you receive an SMS without appointment details; reply by email and request a written invitation with date and purpose.

Frequently Asked Questions

Can I refuse entry if I am not at home?

Yes, in general you may refuse entry if there is no prior notice or no acute emergency.

What counts as sufficient notice?

A written message with date, time and purpose is generally sufficient.

Which court is competent if there is a dispute?

For tenancy disputes the local court is usually competent; higher instances are the regional court and the Federal Court of Justice for appeals.

How-To

1. Document every contact and save messages, photos and witness statements.
2. Send the landlord a short written letter stating you allow entry only after prior notice.
3. Politely but firmly refuse entry if no notice has been given.
4. If escalation occurs, inform the competent local court or seek legal advice.

Key Takeaways

• Keep copies of all letters and a timeline of events.
• Clarify deadlines in conflicts and respond on time to preserve rights.

Help and Support

• Bürgerliches Gesetzbuch (BGB) §535 – Pflichten des Vermieters
• Competence: Local Courts – Justice Portal of the Federal Government and the Länder
• Federal Ministry of Justice – Official information and forms

1. [1] Bürgerliches Gesetzbuch (BGB) §535 – Pflichten des Vermieters
2. [2] Zuständigkeit: Amtsgerichte – Justizportal des Bundes und der Länder
3. [3] Bundesministerium der Justiz – Offizielle Informationen und Formulare