Refuse Landlord Entry: Tenant Rights Germany

Many tenants in Germany are unsure when a landlord requests access to the apartment without prior notice or a valid reason. This article explains in plain terms what rights you have as a tenant, when you may lawfully refuse entry and how to act in a legally secure manner. We describe the legal basis in the BGB, typical exceptions for emergencies, sensible documentation and practical steps for resolving conflicts. The aim is to give you clear actions: how to phrase a refusal, which deadlines apply and when a court may be involved. This protects your privacy and ensures decisions regarding landlords are based on legally sound information. We also name official authorities and forms. Practical templates help with writing.

Legal framework

Fundamentally, the provisions of tenancy law in the German Civil Code (BGB)^[1] regulate the main duties of landlords and tenants: maintenance of the rental property, entry in emergencies and protection of privacy. Without an explicit legal basis or contractual agreement, the landlord may not arbitrarily enter your apartment. In emergencies such as water damage or fire, entry may, however, be permissible.

When can you refuse entry?

• No notice for routine inspection (entry): If there is no emergency, an unannounced inspection is not a justification.
• No urgent repair (repair): Minor works without an appointment are not permissible if they infringe your privacy.
• Outside agreed times (time): If times are regulated in the lease, landlords may not simply ignore them.

How to respond legally

• Document date, time and reason for the access attempt, ideally with photos and witnesses (evidence).
• Inform the landlord in writing that you allow entry only after prior notice (notice). Keep it short and factual.
• If necessary, set a reasonable deadline for arranging an appointment (deadline) before taking further steps.
• If the landlord repeatedly demands unauthorized entry, inform yourself about the local Amtsgericht as the competent court for tenancy disputes (court)^[2].

Communication and wording

A clear written refusal can look like this: "I hereby inform you that I permit entry to the apartment only after prior reasonable notice in text form. Please propose times at least 48 hours in advance." Name a concrete timeframe for proposed appointments and offer alternatives to avoid escalation.

FAQ

Does the landlord have to announce entry?

Yes, except in an acute emergency, the landlord generally must announce entry beforehand and propose a reasonable appointment.

What to do about repeated unannounced visits?

Document incidents, send a written cease-and-desist request and consider legal action at the Amtsgericht if necessary.

What deadlines apply to appointment proposals?

Several days' notice is common; 24–48 hours is often reasonable; if in doubt, set a specific deadline in writing.

How-To

1. Check immediately whether an emergency exists and whether the landlord has a legal right to enter (time).
2. Create precise documentation of all access attempts, noting date and time (evidence).
3. Send a written refusal by registered mail or email with read receipt and propose alternative appointments (notice).
4. If the behavior continues, seek legal advice and consider filing a claim at the local Amtsgericht or applying for an interim injunction (court).

Help and support / Resources

• German Civil Code (BGB) online
• Code of Civil Procedure (ZPO) online
• Federal Court of Justice (BGH) – Decisions

1. [1] German Civil Code (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Code of Civil Procedure (ZPO) — gesetze-im-internet.de
3. [3] Federal Court of Justice (BGH) – Decisions — bundesgerichtshof.de