Refuse Key Access: Tenant Rights in Germany

Many flatshare tenants in Germany wonder whether they can refuse key management by flatmates or the landlord—and what the legal situation is. This article explains in clear language what rights tenants have in shared apartments, which agreements make sense, which deadlines apply and how to use official forms to protect your privacy and access rights. The checklist helps you recognise common situations, create documentation and, if necessary, initiate appropriate steps such as sending letters or preparing legal action. Examples and recommendations are based on German tenancy law and the competent courts so you can make decisions with more confidence. If unsure, observe deadlines and seek advice.

What does "key management" mean in a flatshare?

Key management describes who has access to the living space, who stores keys and under what conditions third parties or the landlord may gain entry. In a flatshare, this can mean that individual flatmates centrally manage house or apartment keys or that the landlord keeps a spare key. As a rule, landlord access and key custody are legally regulated and subject to certain conditions.^[1]

When can tenants refuse key management?

Tenants can refuse handing over an additional key or central key management if it impairs their privacy or legitimate interests. There is no general obligation to hand over further keys without an express contractual agreement. Landlord access rights are limited to justified reasons such as urgent repairs or emergencies; otherwise, landlords need consent or must announce visits in advance.

Practical checklist for flatshare tenants

• Check: Review the lease to see if key handover or access is regulated.
• Documentation: Record date, time and reason when a key was handed over or entry was granted.
• Written agreement: Request a written arrangement if keys are to be shared regularly.
• Observe deadlines: Respond to requests within set deadlines, e.g. for defect reports or access notices.
• Emergencies: Allow entry in genuine emergencies (water damage, danger) and document the incident.
• Communication: Discuss with landlord and flatmates before refusing keys.

If the landlord or a flatmate exerts pressure, consider sending a formal statement or seeking legal advice. Templates for reminders or sample letters help set deadlines and make demands clear.^[2]

How to respond formally: steps and templates

Use clear, factual letters when you refuse key handover or request a regulation. A brief letter should include: the facts, the requested arrangement, a deadline and a notice of further steps (e.g. involving the local court in case of dispute). Keep proof of sending (registered mail or email with delivery receipt).

FAQ

Can the landlord demand a spare key?

Only in narrow cases, such as justified emergencies or when there is a contractual agreement; there is no blanket entitlement.

What to do if a flatmate copies keys without consent?

Raise the issue, document the incident and demand the return or lock change in writing if necessary.

Which courts handle tenancy disputes?

Most tenancy disputes are handled by the local Amtsgericht; appeals go to the Landgericht or, for precedent, the Federal Court of Justice.^[3]

How-To

1. Step 1: Review your lease and note relevant clauses.
2. Step 2: Discuss with landlord and flatmates and attempt an amicable solution.
3. Step 3: If needed, send a formal letter with a deadline (registered mail or email with receipt).
4. Step 4: If conflict persists, consider legal action at the competent local court.

Help and Support / Resources

• BGB §§535–580a (Gesetze im Internet)
• Federal Ministry of Justice and Consumer Protection (BMJV)
• Federal Court of Justice – tenancy decisions

1. [1] Gesetze im Internet – BGB §§535–580a
2. [2] BMJV – Informationen und Formulare
3. [3] Bundesgerichtshof – Entscheidungen Mietrecht