Regulating Landlord Entry: Checklist for Tenants in Germany
As a tenant in Germany, you have a right to privacy and to landlord entry only after notification. This article explains clearly when a landlord may request entry, which notice periods and announcements are common, and how you as a tenant can respond correctly, document events, and prepare legal steps if needed. We outline practical steps for contacting the landlord, which exceptions apply in emergencies, and how to gather evidence. Guidance about courts and the relevant laws helps you estimate when a formal complaint or lawsuit is appropriate. Many tips are written for immediate use and give you confidence in everyday situations.
What does "entry only with notice" mean?
Landlords may not enter the apartment at will. Generally prior notice is required and a valid reason such as repairs, viewings for re-rental, or emergencies. The legal framework for duties and rights in the tenancy agreement is set out in the BGB.[1]
When may the landlord request entry?
- When repairs are necessary and an appointment has been arranged.
- For viewings to re-let the flat after giving notice.
- For urgent work to restore usability.
- In cases of danger to the building (e.g. burst pipe, fire risk).
Notice periods and form
A written or otherwise verifiable verbal notice with date and time window is common. There is no fixed statutory deadline for all cases, but reasonableness matters: short notice for emergencies, otherwise at least 24–48 hours notice when possible.
Practical steps for tenants
- Record date, time and reason of the announced entry immediately.
- Contact the landlord in writing if the time is unsuitable or you have concerns.
- Take photos or video of relevant conditions before and after entry.
- Request confirmation or an invoice for important works.
What to do in case of unannounced entry or conflict?
If the landlord has entered unannounced or repeatedly sets unreasonable appointments, request a written explanation and document incidents. If your privacy has been violated, you can demand cessation and, if necessary, seek legal advice. Civil disputes are usually handled in the local Amtsgericht; procedural rules are in the ZPO.[2]
Notices, forms and templates
There is no universal mandatory form for a landlord's notice, but there are official templates for terminations and lawsuits provided by government sites. Relevant templates and information (e.g. termination letter examples) are available on federal ministry and justice portal pages.[4]
When is court action appropriate?
You should consider court action if repeated rights violations occur, restoration of duties is necessary, or damages are claimed. Decisions of the Federal Court of Justice (BGH) provide guidance.
Common mistakes to avoid
- No documentation: missing evidence weakens later claims.
- Only complain verbally: written records are more helpful.
FAQ
- What should a notice contain?
- A notice should include date, time window, reason and contact person.
- Can the landlord enter without notice in emergencies?
- Yes, entry is permitted immediately in case of danger to persons or the building.
- Which court handles tenancy disputes?
- The local Amtsgericht is usually the competent first-instance court.
How-To
- Record the date and time of every notice or entry immediately.
- Save messages (SMS, email) and take photos as evidence.
- Contact the landlord in writing and propose alternative times if needed.
- Request a cost estimate and written confirmation for major interventions.
- Seek legal advice if rights are repeatedly violated or damage occurred.
Help and Support / Resources
- [1] Bürgerliches Gesetzbuch (BGB), §§ 535–580a
- [2] Zivilprozessordnung (ZPO)
- [3] Bundesgerichtshof (BGH) — Decisions
