Refuse Property Manager Rep — Tenants in Germany
Many tenants in Germany live in shared flats and wonder whether they must admit visits or a representative of the property manager. This concerns entry, privacy and formal service. As a tenant you have rights under the BGB[1], for example the inviolability of the dwelling and safe access rules; at the same time the landlord has duties for maintenance and operating costs. In shared flats the situation is often more complicated because several people are affected and powers of attorney, handover of keys or repair appointments must be clarified. This practical information sheet explains when you may refuse the representative, which deadlines and forms are important, how to document and which court you can turn to.
What applies to tenants?
Fundamentally, under the BGB the right to the inviolability of the home applies; a property manager's representative may not simply enter without legal basis or consent. For certain measures such as repairs a reasonable announcement is required and the interests of both parties must be balanced.[1]
- Unannounced entry: You may generally refuse unannounced entries.
- Repairs: For necessary repairs the landlord must announce appointments in good time and, if necessary, arrange alternative access rules.
- Deadlines: For formal services and deadlines the statutory provisions and evidence obligations must be observed.
- Documentation: Note time, date, names and take photos as evidence.
If you want to refuse the representative
Practically, refusal works like this: first speak politely to the person present and ask for proof of representation or a written announcement. If necessary, request an appointment and point out your privacy. If the representative claims a key handover, demand written power of attorney or refer to consenting co-tenants.
Forms and templates
There is no standard mandatory form for refusing a representative, but useful templates include termination and complaint letters. For terminations or formal declarations you can use templates from the Federal Ministry of Justice; for court procedures the rules of the ZPO apply.[2]
FAQ
- Can I refuse a property manager's representative in a shared flat?
- Yes, you can refuse unannounced entry; however, if a legal exception applies (e.g. danger in delay), justified entry may be permissible. Documentation and legal advice help if uncertain.
- Which deadlines apply for service or repair appointments?
- Deadlines depend on statutory rules and the specific reason; for court service and lawsuits the provisions of the ZPO are decisive.[2]
- Which court should I contact for a dispute about entry or eviction?
- For tenancy disputes the local court (Amtsgericht) is usually competent in the first instance; higher instances are the Landgericht or the BGH as a source of law.[3]
How-To
- Check the power of attorney: verify whether the representative presents written authorization or announcement and ask for proof.
- Arrange an appointment: agree on a concrete appointment within a reasonable deadline or propose alternatives.
- Document: record time, names and reason for the visit and keep photos or messages.
- Legal clarification: if the issue cannot be resolved, prepare documents for court and, if necessary, file a suit at the competent local court.
Key points
- Unannounced entry may generally be refused.
- Good documentation increases chances in disputes.
- Observe statutory deadlines for responses and service.
Help and Support
- Bürgerliches Gesetzbuch (BGB) — Gesetze im Internet
- Zivilprozessordnung (ZPO) — Gesetze im Internet
- Bundesgerichtshof (BGH)
- Templates and notices — Federal Ministry of Justice (BMJ)