Rejecting Key Access for Tenants in Germany
As a tenant in Germany you are often faced with the question of who manages keys in a shared flat (WG) and whether landlords or flatmates may demand access. This text clearly explains when you can refuse key handovers or access, which rights under the BGB apply [1], and how to act practically: documentation, formal demands and possible clarification before the local court (Amtsgericht) [2]. I show simple steps for communication with landlords and flatmates, how to make secure agreements and which official forms or deadlines are important. The goal is to give you clear, practical actions so you can protect your privacy and avoid legal disputes or be prepared if a procedure begins.
When can tenants refuse keys?
In principle, a landlord or flatmate may not demand key handover or unreasonable access without justification. Common situations where tenants can refuse keys include:
- If there is no emergency and no contractual agreement, you may refuse entry.
- If the landlord does not announce a reasonable appointment or ignores deadlines, you can refuse proposed access times.
- For ongoing repairs landlords must justify access; if the work is unsafe you may refuse entry until safe arrangements are made.
- If you suspect unlawful key duplication, document the situation and refuse access.
How to document and respond
Documentation and formal communication are central when you refuse keys or report problems. Useful steps are:
- Record photos, date and time of requests and the names of all involved.
- Send a written refusal by registered mail or email with delivery confirmation.
- Contact flatmates and the landlord early and propose clear rules for key management.
Forms and deadlines
Important legal steps and forms mainly concern civil claims and possible lawsuits. You should note the following:
- Use the civil claim form for actions at the local court or send a written demand with a deadline [3].
- Observe response deadlines: set clear time limits (e.g. 7–14 days) to remedy the problem.
Practical communication tips
A calm, documented conversation often helps. Propose written agreements for key management, decide who holds keys and when access is permitted. If no agreement is possible, consider legal steps.
FAQ
- Can the landlord in a WG demand keys at any time?
- No. There is no general right of entry without agreements, emergencies or contractual rules; check your lease and document incidents.
- May a flatmate duplicate keys on their own?
- Not without the consent of all affected parties or a clear contractual rule; duplicating keys without permission can cause legal issues.
- What should I do if the landlord acts despite my refusal?
- Document the incident, set a deadline to cease the conduct and consider filing a claim at the local court.
How-To
- Check your lease and relevant sections of the BGB to clarify your rights.
- Talk first with the landlord and flatmates and document the conversation in writing.
- Send a formal refusal or demand by letter/registered mail and set a clear deadline.
- If no agreement is reached, prepare documents for a claim at the local court and seek legal advice if needed.
Help and Support / Resources
- Gesetze im Internet: BGB (General tenancy law)
- Gesetze im Internet: ZPO (Civil Procedure)
- Federal Court of Justice (BGH) – Information