Regulating Tradesperson Access for Tenants in Germany

Tenants in Germany often face the question of how tradesperson access may be regulated, especially when they are not at home. This guide explains in clear language which rights and obligations you as a tenant have, how you can prove or prevent access and which official forms or deadlines are important. You will learn practical steps for documentation, proving consent and protecting your privacy. I also explain when the local court (Amtsgericht) is responsible, which sections of the BGB are relevant and how to act legally in case of problems. The goal is that you can better classify complaints or disputes and act confidently. Instructions for evidence photos, witnesses and official forms follow.

Rights and Obligations for Access

In principle, the landlord has the obligation to maintain the rented property in a contractual condition; for this he can send tradespeople. At the same time, tenants must be protected in their personal rights. Exact obligations of the landlord can be found in the provisions of the BGB, in particular regarding maintenance and toleration duties.^[1]

• The landlord generally must announce access and state purpose and time.
• Appointments are subject to deadlines and reasonable hours; short-notice emergencies are an exception.
• Your privacy and personal belongings must be respected.
• There is usually a duty to tolerate necessary repairs if access was announced in time.

Collecting Evidence When You Are Absent

If you are not at home, it is important to have proof in case of later disputes. Good evidence includes witnesses, photos before and after access, written consents and precise time documentation. Also define who may receive keys and document every handover in writing.

• Photos and videos before and after access (evidence): note date and time.
• Written power of attorney or consent if neighbors or acquaintances grant access (notice).
• Record whether doors or cabinets were opened and save receipts.
• Note names and contact details of tradespeople and witnesses.

When a Court May Be Involved

If there are serious violations of your rights or the landlord resists justified complaints, clarification before the local court may be necessary. Rental disputes often start at the Amtsgericht; in higher instances the Landgericht or the Federal Court of Justice (BGH) decide legal questions.^[2]

FAQ

May the landlord send tradespeople without announcement?

No, generally the landlord must announce access and state the purpose; exceptions apply only in acute dangers.

How can I prove access when absent?

Use photos, witnesses, written powers of attorney and note names, times and measures.

When should I involve the local court?

If the landlord repeatedly acts unlawfully or causes damage and no agreement is possible, filing suit at the Amtsgericht may be appropriate.

How-To

1. Request written announcement of access with date, time and purpose.
2. Take evidence photos before and after access and save metadata.
3. Note names and contact details of tradespeople and witnesses.
4. Only grant written powers of attorney to known persons for key handovers.
5. If no agreement is possible, consider legal action and compile all evidence.

Help and Support / Resources

• German Civil Code (BGB) — gesetze-im-internet.de
• Federal Court of Justice (BGH) — bundesgerichtshof.de
• Federal Ministry of Justice and Consumer Protection — bmj.de

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535–580a — gesetze-im-internet.de
2. [2] Bundesgerichtshof — bundesgerichtshof.de
3. [3] Bundesministerium der Justiz und für Verbraucherschutz — bmj.de